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HomeMy WebLinkAbout01-7186BRANDI OTT, PLAINTIFF -VS- RICKIE OTT, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO~t - 7l~ -CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Brandi Ott, by and through her attorneys, Reichard Law Offices, LLC and avers as follows in support of this Complaint for custody. 1. Plaintiff is Brandi Ott, an adult individual currently residing at 24 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Rickie Ott, Jr., an adult individual currently residing at 5 Earl Street, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following minor children: Astian Ott, born October 23, 1991, Ayla Ott, born May 30,1995, and Rickie Ott, III, born February 1, 1999, who reside at 24 Spring Garden Estates, Carlisle, Pennsylvania. 4. Astian and Ayla were born out of wedlock. Rickie was born in wedlock. 5. The children are presently in the physical custody of Plaintiff, Brandi Ott, who resides at 24 Spring Garden Estates, Carlisle, Pennsylvania. 6. For the past five years, the children have resided with the following persons at the following addresses: NAME ADDRESS DATES Brandi, Astian & Ayla 46 Spring Garden Est. Carlisle, PA 17013 March '97 (for a couple of weeks) Brandi, Astian, & Ayla 7 Pine Apt. #304 Mt. Holly Springs, PA Dec. '97-May '1998 Brandi, Rickie, Astian & Ayla 114 2nd Street Carlisle, PA 17031 May '98-Sept. '98 Brandi, Rickie, Astian, Ayla and Rickie, III 24 Spring Garden Est. Carlisle, PA 17031 Sept. '98-Sept.'01 Brandi, Astian, Ayla & Rickie, 24 Spring Garden Est. III Carlisle, PA 17013 Sept. '01-Present 7. The mother of the children is Brandi Ott, currently residing at 24 Spring Garden Estates, Carlisle, Pennsylvania. She is married. 8. The father of the children is Rickie Ott, Jr., currently residing at 121 Andrew Court, Carlisle, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: Name Astian Ott Ayla Ott Rickie Ott, III Relationship Daughter Daughter Son 10. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following persons: Name Relationship N/A The 11. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff seeks primary physical custody of the children and a schedule of partial custody for the Defendant. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The children have resided with their mother from birth, and she has been their primary caretaker. She believes that she is best suited to continue in this role. b. The children have never been separated from their Mother for long periods of time in the past. c. Mother has always attempted to promote a relationship between the children and Father, but believes that Father would not do the same. d. Mother has remained in the marital home and she can best offer the children stability. e. The parties have separated several times during the children's lives, and Mother has been responsible for the children during these periods. f. During the most recent separation, Father has been acting aggressively and Mother is concerned about his mental state. g. Mother believes that an Order is necessary to provide the parties and the children continuity in their contact with each other. WHEREFORE, Plaintiff requests that this Court grant her primary physical custody of the minor children, and grant Defendant partial custody. Date: Respectfully submitted, REICHARD LAW OFFICES, LLC. Carrie M. Bowmaster, Esquire Attorney I.D. No. 70226 Attorney for Plaintiff 70 West King Street Chambersburg, PA 17201 (717) 267-2288 VERIFICATION ! verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Brandi Ott,~aintiff - 2025 E. Main Street Post Office Box 8 Waynesboro, PA 17268 717-762-1131 FAX 717-762-8800 REICHARD LAW OFFICES, LLC. The Fort Chambers Bldg. 70 W. King Street, Suite B Chambersburg, PA 17201 717-267-2288 FAX 717-267-1151 BRANDI OTT : 1N THE COURT OF COMMON PLEAS OF PLA1NTIIeF : CUMBERLAND COUNTY, PENNSYLVANIA V. 01-7186 CIVIL ACTION LAW RICKIE OTT, fR. DEFENDANT : IN CUSTODY AND NOW, Monday, .January 07, 2002 , 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 Thursday, January 24, 2002 at 9:30 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. 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 THECOURT, By: Is~ Hubert X. Gilrov. Esa. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINVAq~gNN~d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANDI OTT, PLAINTIFF -VS RICKIE OTT, JR., DEFENDANT CIVIL ACTION-LAW NO. 01-~1~t IN CUSTODY ACCEPTANCE OF SERVICE Now, this z-I ~ day ofJo~-t~/, 200,~,, I, Mary Lou Matas, Esquire, attorney for Defendant in the above-captioned action, do hereby accept service of the Order of Court and Custody Complaint. atas, ~quire Defendant FEB 0 $ OOZ VO BRANDI OTT, Plaintiff V RICKIE OTT, JR., : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 -7186 CWIL 1N CUSTODY COURT ORDER AND NOW, this i_Z. Ih day of February, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Brandi Ott, and the Father, Rickie Ott, Jr., shall enjoy shared legal custody of Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. 2. Physical custody of the minor children shall be handled as follows: Father shall enjoy physical custody on alternating weekends from Saturday at 4:00 p.m. through Wednesday morning when the Father shall deliver the children to daycare of school. Father shall also enjoy temporary custody on the Wednesday evenings of his off week from 6:00 p.m. until 9:00 p.m. Father shall also enjoy temporary custody at such other times as agreed upon by the parties. Mother shall enjoy physical custody of the minor children at times the children are not with the Father under the schedule set forth above. This order is a temporary order issued pursuant to an agreement reached by the parties. A second custody conciliation conference is scheduled for Thursday, April 11, 2002 at 8:30 a.m. In the event the parties believe that they can reach an agreement on a permanent order, counsel for the parties may contact conciliator to cancel this custody conciliation conference. Both parents shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. This is a shared legal custody arrangement such that both parents shall keep the other parent informed of all matters relating to the children's health, education, and other pertinent parenting issues. CCl Marylou Matas, Esquire Carrie Bowmaster, Esquire BY THE COURT, ¥. BRANDI OTT, Plaintiff v RICKIE OTT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 7186 CIVIL 1N CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Astian N. Ott, bom October 23, 1991; Ayla R. Ott, bom May 30, 1995; and Rickie M. Ott, III, bom February 1, 1999. A Conciliation Conference was held on February 1, 2002, with the following individuals in attendance: The Mother, Brandi Ott, with her counsel, Carrie Bowmaster, Esquire; and the Father, Rickie Ott, Jr., with his counsel, Marylou Matas, Esquire. The parties agree to the emry of an order in the form as attached. DATE APR 1 5 ZO0 BRANDI OTT, Plaintiff V RICKIE OTT, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01 - 7186 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this I.~ ~day of April, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of February 12, 2002 is vacated and replaced with the following order: The Mother, Brandi Ott, and the Father, Rickie Ott, Jr., shall enjoy shared legal custody of Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. The minor children shall be referred to a counselor agreed upon by legal counsel for the parties. The focus of the counseling shall be to address any issues the children have relative to matters on custody and visitation with the parents. The parents shall participate in the counseling sessions as directed by the counselor. The counselor is authorized to share with both parents and legal counsel for both parents all matters relating to these counseling sessions without the requirement of any signed release from either parent. The parties shall meet again for a custody conciliation conference on Thursday, June 13, 2002 at 8:30 a.m. Pending the next custody conciliation conference, the following temporary order of court is entered relative to physical custody of the minor children: A. Father shall enjoy physical custody of the minor children as follows: On alternating weekends from Saturday at 4:00 p.m. through Wednesday morning when the Father shall deliver the children to daycare or school. ii. Following the weekend that Father does not have custody, Father shall have custody on Monday with Rickie starting at 9:00 a.m. and with the other two children starting after school. All three children shall be returned to the Mother by 7:30 p.m. on Monday evening. CC: iii. At such other times as agreed upon by the parties. Mother shall enjoy physical custody of the minor children at times the children are not with the Father under the schedule set forth above. Subject to any modifications in future orders, the following schedule shall be implemented with respect to holidays: Mother shall always have custody of the minor children on Easter from 9:00 a.m. until 3:00 p.m. For the Thanksgiving holiday, Mother shall have custody of the minor children from 9:00 a.m. until 3:00 p.m. and Father shall have custody from 3:00 p.m. until 9:00 p.m. Ce For the Christmas holiday in even years, Father shall have custody of the minor children on Christmas Eve from 2:00 p.m. until 10:00 p.m. and Mother shall have custody from Christmas Eve at 10:00 p.m. until Christmas Day at 9:00 p.m. On odd numbered years, Father shall have custody of the minor children from Christmas Even at 2:00 p.m. until Noon on Christmas Day, and Mother shall have custody from Noon on Christmas Day until Noon on December 26~. For Memorial Day, July 4~, Labor Day and New Year's Day, Mother shall have custody of the children from 9:00 a.m. until 3:00 p.m. and Father shall have custody from 3:00 p.m. until 9:00 p.m. Both parents shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the other parent. This is a shared legal custody arrangement such that both parents shall keep the other parent informed of all matters relating to the children's health, education and other pertinent parenting issues. Additionally, this order authorizes all school officials and health providers to share with both parents all information relating to the minor children without the requirement of any signed authorization from the other parent. Marylou Matas, Esquire Carrie Bowmaster, Esquire BY THE COUR~ ~ J.f ey Je BRANDI OTT, Plaintiff v RICKIE OTT, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01 - 7186 CIVIL : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. CONCII.IATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. 2. A Conciliation Conference was held on April 11, 2002, with the following individuals in attendance: The Mother, Brandi Ott, with her counsel, Carrie Bowmaster, Esquire; and the Father, Rickie Ott, Jr., with his counsel, Marylou Matus, Esquire. 3. The parties agree to the entry of an order in the form as attached. Hubert X. G~ .l~..y, Esq)dre Custody Conciliator JUN ~ B ZO0~ ~ BRANDI OTT, : Plaintiff : : v : : RICKIE OTT, JR., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 7186 CIVIL IN CUSTODY CO~TO~ER AND NOW, this ~Z~ Ih day of ~_A~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the o~n~ day of _~ E~/A_~ , 2002 at / ~ 3 ~ /O . M. At this hearing, the Mother shah be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. Pending further order of this court, the custody schedule as set forth in this court's April 17, 2002 Order shall remain in effect. CC'- ~rylou Matas, Esquire ,~3~rrie Bowmaster, Esquire BY THE COURT, Je BRANDI OTT, Plaintiff V RICKIE OTT, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01 - 7186 CIVIL : IN CUSTODY Prior Judge: J. Wesley Oier, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Astian N. Ott, born October 23, 1991; Ayla R. Ott, born May 30, 1995; and Rickie M. Ott, III, born February 1, 1999. A Conciliation Conference was held via a conference call with the attorneys on June 21, 2002, when the conciliator spoke with Carrie Bowmaster, Esquire and Marylou Matas, Esquire. There was some discussion with respect to whether this case should be referred to a custody evaluator. One of the parties would not agree to the evaluation although the other party was wiling to incur the costs. The parties require a hearing relative to the Mother's dissatisfaction with the existing custody order. The conciliator recommends an order in the form as attached. Hubert X. Gil.r..oy, Esq~gre Custody Concdiator ~ BRANDI OTT, Plaintiff V. RICKIE OTT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-7186 CIVIL TERM IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Marylou Matas, Esquire, and petitions the Court as follows: o o Your Petitioner is counsel of record for the above named Defendant, Rickie Ott, Jr. Plaintiff, Brandi Ott, filed a Complaint for Custody which caused a hearing to be scheduled for October 2, 2002, at 1:30 a.m. A copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A." The parties have been operating under the terms of the Order of Court, dated April 17th, 2002, since the date of the custody conciliation conference. The parties agreed, by and through their respective counsel, that the heating be rescheduled generally. The parties are attempting to negotiate a comprehensive settlement to resolve the issues raised in Plaintiff's Complaint. A copy of this Petition has been provided to Plaintiff's counsel of record, Carrie M. Bowmaster, who concurs in this request. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing generally from Wednesday, October 2, 2002, at 1:30 p.m. Respectfully submitted, Marylou'~t~s, Esquire- Attorney for-Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statemehts made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: AKY'L~)MATAS, ESQUIRE BRANDI OTT, Plaintiff v RICKIE OTT, JR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION- LAW : : NO. 01 - 7186 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this 'Z(o ih day of ._~9~il~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse on the ~,~( day of ~ C'~:~t~ , 2002 at /: ~ () /o . M. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, the custody schedule as set forth in this '- court's April 17, 2002 Order shall remain in effect. CC: ~arylou Matas, Esquire ,~rrie Bowmaster, Esquire BY THE COURT~, Ji Wesley Oier, J~. ~ BRANDI OTT, : Plaintiff : V. : RICKIE OTT, JR., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-7186 CIVIL TERM IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Marylou Matas, Esquire, and petitions the Court as follows: o o Your Petitioner is counsel of record for the above named Defendant, Rickie Ott, Jr. Plaintiff, Brandi Ott, filed a Complaint for Custody which caused a hearing to be scheduled for October 2, 2002, at 1:30 a.m. A copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A." The parties have been operating under the terms of the Order of Court, dated April 17th, 2002, since the date of the custody conciliation conference. The parties agreed, by and through their respective counsel, that the heating be rescheduled generally. The parties are attempting to negotiate a comprehensive settlement to resolve the issues raised in Plaintiff's Complaint. A copy of this Petition has been provided to Plaintiff's counsel of record, Carrie M. Bowmaster, who concurs in this request. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing generally from Wednesday, October 2, 2002, at 1:30 p.m. Respectfully submitted, Marylou"l~t~, Esquire- Attorney forTalaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statemehts made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. MAR~}MATAS, ~SQUIRE BRANDI OTT, Plaintiff RICKIE OTT, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANiA .- CIVIL ACTION- LAW : : NO. 01 - 7186 CIVIL : IN CUSTODY COURT ORDER AND NOW, this 'Z(~ ~ day of .41~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered a~ directed as follows: A hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse on the ~( day of ~C'~f~c/~t~ , 2002 at /: 3() _/o . M. At this hearing, the Mother shah be the moving party and shall procccd initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. Pending further order of this court, the custody schedule as set forth in this court's April 17, 2002 Order shall remain in effect. ~arylou Matas, Esquire .C~rrie Bowmaster, Esquire BY THE COURT~ Ji esley Oler, J(~. BRANDI OTT, Plaintiff V. RICKIE OTT, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW 0~[ 0 3 2002 NO. 01-7186 CIVIL TERM IN CUSTODY ORDER OF COURT ANDNOWthis t~.~dayof ~,~.o~,~_~ ,2002, upon consideration of the within Motion, it is hereby ORDERED and DIRECTED that the hearing previously scheduled in this matter for October 2, 2002, at 1:30 p.m. is continued generally, to be rescheduled at the request of either party or their respective counsel. BY THE COURT, CCi Marylou Matas, Esquire Attorney for Defendant Carrie M. Bowmaster, Esquire, Attorney for Plaintiff 5)..... !