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HomeMy WebLinkAbout04-5975JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff THOMAS L. DOUGLAS, JR., Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA · 'NO. SVETLANA DOUGLAS, Defendant :CIVIL ACTION - LAW :IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, thc case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 73 7-5890 Attorney for Plaintiff THOMAS L. DOUGLAS, JR., Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. SVETLANA DOUGLAS, Defendant :CIVIL ACTION - LAW :IN CUSTODY AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las qucjas expuesms en las pfiginas siguientes, debar tomar aeci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede set emitado en su contra pot la Cort¢. Una decisi6n puede tambi6n ser emitida en su contra pot caulquier otra queja o compensaction r¢clamados por el demandante. Usted puede pcrder dinero, o sus propicdades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff THOMAS L. DOUGLAS, JR, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Or/-- SVETLANA DOUGLAS, Defendant :CIVIL ACTION - LAW :IN CUSTODY CUSTODY AND NOW, this 3c~)~day of November, 2004, comes Plaintiff, Thomas L. Douglas, Jr., by and through his attorney, Joanne Harrison Clough, and files this Custody Complaint and respectfully avers as follows: 1. Plaintiff, Thomas L. Douglas, Jr., is an adult residing at 1709 Lincoln Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Svetlana Douglas, residing at 1709 Lincoln Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff seeks custody of the following children: Name Present Address Date-of-Birth Victoria Veronica 1709 Lincoln Drive, Camp Hill, PA 17011 1709 Lincoln Drive, Camp Hill, PA 17011 October 5, 1999 October 5, 1999 4. The children were born in wedlock. The children were in the custody of Plaintiff and Defendant, residing at 1709 Lincoln Drive, Camp Hill, PA 17011 until 11:00 a.m. November 29, 2004, when Defendant unilaterally removed the children from daycare without the knowledge or consent of Plaintiff. 5. During the past five (5) years, the children have resided with the following persons the following address(es): Name Thomas L. Douglas, Jr. Svetlana Douglas Address 1709 Lincoln Drive, Camp Hill, PA 17011 Dates April 2002 to Present Thomas L. Douglas, Jr. 3307 Crestwood Drive, 10-05-1999 Svetlana Douglas Camp Hill, PA 17011 to April 2002 6. The mother of the children is currently residing at 1709 Lincoln Drive, Camp Hill, PA 17011. She is married. She announced on November 29, 2004, she is relocating to Hershey, Dauphin County, Pennsylvania. 7. The father of the children is currently residing at 1709 Lincoln Drive, Camp Hill, PA 17011. He is married. 8. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following person(s): Name Svetlana Douglas Virginia Douglas Veronica Douglas Relationship wife daughter Daughter 9. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following person(s):. Name Relationship unknown 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. 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. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because a) father is better able to serve as the primary physical caretaker of the children and; b) on November 29, 2004, Mother unilaterally removed the children from their nursery school/daycare Magic Years located adjacent to Holy Spirit Hospital, Camp Hill, Cumberland County, Pennsylvania without the knowledge or permission of Plaintiff Father, and; c) Defendant Mother informed Plaintiff Father that she withdrew the children from their nursery school/daycare by telephone this morning and announced that she was relocating with the children to Hershey, Dauphin County, Pennsylvania and withdrawing them from public school at Eisenhower Elementary School in Camp Hill where the children are currently enrolled in moming kindergarten since August of 2004, Plaintiff Father does not consent to said actions. 14. 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. WHEREFORE, Plaintiff requests the Court to grant him primary physical custody and shared legal custody of the children, Victoria and Veronica Douglas, and grant Defendant partial physical custody of the children at such times as the Court deems appropriate. Respectfully submitted, Joanne Harrison Clough, PC Attorney ID No.: 36461 32na 24 N. Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document to the following individual via United States mail, postage prepaid, to the address set forth below: Svetlana Douglas 1709 Lincoln Drive Camp Hill, PA 17011 Date: Joanne Harrison Clough, ~quire VERIFICATION I, Thomas L. Douglas, Jr., hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unswom verification to authorities. DATE: Thomas~. Dou~,/r. JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff THOMAS L. DOUGLAS, JR, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. SVETLANA DOUGLAS, Defendant :CIVIL ACTION - LAW :IN CUSTODY PETITION FOR EMERGENCY RELIEF TO PRESERVE STATUS OUO AND NOW, thi?2~__~ay of November, 2004, comes the petitioner Plaintiff Father, Thomas L. Douglas, Jr., by and through his attorney, Joanne Harrison Clough, and respectfully avers as follows: 1. A Complaint in Custody is being filed simultaneously with this Petition for Emergency Relief to Preserve Status Quo. 2. Plaintiff and Defendant have recently been actively discussing marital separation and possible divorce. 3. The parents have two (2) minor children, twin daughters, Victoria and Veronica, born on October 5, 1999. Since the children's birth they have resided in Camp Hill, Cumberland County, Pennsylvania, continuously until the present date. 4. On Monday, November 29, 2004 at approximately 11:00 a.m., Defendant Svetlana Douglas contacted Plaintiff at the marital residence and advised him that she just unilaterally withdrew the children from their daycare/nursery school program at Magic Years located adjacent to Holy Spirit Hospital in Camp Hill, Cumberland County, Pennsylvania and was transferring them to Magic Years in Hershey, Dauphin County, Pennsylvania. 5. The minor children, Victoria and Veronica Douglas, have been enrolled in Magic Years in Camp Hill since August of 2004 and in Kindergarten at Eisenhower Elementary School in the Camp Hill school district in Camp Hill, Cumberland County, Pennsylvania, since August of 2004. 6. Defendant Svetlana Douglas announced to Plaintiff during the same telephone conversation, that she was withdrawing the children from the public school, Eisenhower Elementary School, and transferring them to kindergarten at either Magic Years Nursery School in Hershey or the elementary school in Hershey school district. Defendant Svetlana Douglas never discussed withdrawing the children from their Magic Years Nursery School in Camp Hill or withdrawing them from Eisenhower Elementary School kindergarten program with Plaintiff and Plaintiff objects to the withdraw of his daughters from the kindergarten program they have been successfully attending since August of 2004 and objects to the withdraw of the children from their nursery school/daycare program at Magic Years in Camp Hill, Pennsylvania. 7. Defendant Svetlana Douglas further advised Plaintiff that she was immediately relocating to Hershey, Pennsylvania and was relocating the minor children, Victoria and Veronica to Hershey, Pennsylvania. 8. Plaintiff Thomas L. Douglas, Jr. is an attorney with the Board of Veterans Appeals in Washington, DC and works from the marital residence located at 1709 Lincoln Drive, Camp Hill, Pennsylvania 17011 three (3) to four (4) days per week and actively participates as the primary caretaker of the minor children since their birth. 9. Defendant Svetlana Douglas is a physician in a second year fellowship program in Endocrinology and is employed by the Hershey Medical Center. 10. The minor children have been attending the Camp Hill Magic Years and are transported from Magic Years to Eisenhower Elementary School and back to Magic Years each school day since August of 2004. 11.. Cumberland County is the home jurisdiction of the children and Defendant Svetlana Douglas should not be allowed to unilaterally withdraw the children from school and relocate the children to Hershey, Dauphin County, Pennsylvania prior to an evidentiary hearing. WHEREFORE, Plaintiff Thomas L. Douglas, Jr. respectfully requests this honorable Court enter an emergency Custody Order preserving the Status Quo specifically prohibiting Defendant from removing the children from their enrollment at Magic Years in Camp Hill, Pennsylvania and from withdrawing the children from Eisenhower Elementary School or from relocating the children to Hershey, Pennsylvania until prior to an evidentiary hearing being held on this matter Respectfully submitted, JOANNE HARRISON CLQUC~H, PC Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone No. (717) 737-5890 A~omey for Plaintiff VERIFICATION I, Thomas L. Douglas, Jr., hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn verification to authorities. DATE: Thomas~L. DonutS, jr/~ CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document to the following individual via United States mail, postage prepaid, to the address set forth below: Svetlana Douglas 1709 Lincoln Drive Camp Hill, PA 17011 Date: THOMAS L. DOUGLAS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mo SVETLANA DOUGLAS, DEFENDANT 04-5975 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2004, a hearing on the plaintiff's petition for emergency relief shall commence at 10:30 a.m., Monday, December 6, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Joanne Harrison Clough, Esquire For Plaintiff Svetlana Douglas 1709 Lincoln Drive Camp Hill, PA 17011 Edgar B. Bayley,~.<k". ~ :sal THOMAS L. DOUGLAS, JR., PLAINTIFF V. SVETLANA DOUGLAS, DEFENDANT 04-5975 CIVIL TERM SVETLANA DOUGLAS, PLAINTIFF V. THOMAS L. DOUGLAS, JR., DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · : 04-5932 CIVIL TERM INTERIM ORDER OF COURT ~ day of December, 2004, the issue as to an interim custody order for Victoria Douglas, born October .5, 1999, and Veronica Douglas, born October 5, 1999, having been called on a petition by the father for special relief, the following interim order is entered on consent without prejudice to either party on the merits of their respective complaints for custody: (1) Thomas L. Douglas, Jr., father, and Svetlana Douglas, mother, shall have shared legal custody. (2) The father and mother shall share physical custody of Victoria and Veronica on a schedule attached hereto as Petitioner's Exhibit No. 1 .. (3) While this interim order remains in effect the children shall continue to attend the Camp Hill School and Magic Years in Camp Hill. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,,jo~anne Harrison Clough, Esquire For Thomas L. Douglas, Jr. '~aren Koenigsberg, Esquire For Svetlana Douglas :sal ,4 DECEMBER 2004 Sunday Monday Tuesday Wedne~day Thursday Friday Saturday 5 6 7 8 9 10 1l 19 20 ~" 21 22 23 ~4' ' 25 26~~ 27 " '28 '" 29 30 31 ~.__ SVETLANA DOUGLAS, : IN THE CO~ UI{T OF COMMON PLEAS Plaintiff : CUMBERLAND CO[,NTY, PENNSYLVANIA : THOMAS L. DOUGLAS, : CIVIL ACTION Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Mary A. Dissinger, Esquire am authorized to accept service of the Custody Complaint on behalf of my client, Svetlana Douglas, in the above captioned matter. Date:/~///0~/w Mary A. Dissi~ger, Esquire '"'"' THOMAS L. DOUGLAS, JR., PLAINTIFF V= SVETLANA DOUGLAS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5975 CIVIL TERM PLAINTIFF V. THOMAS L. DOUGLAS, JR., DEFENDANT AND NOW, this CUMBERLAND COUNTY, PENNSYLVANIA 04-5932 CIVIL TERM INTERIM ORDER OF COURT ~ day of December, 2004, the issue as to an interim custody order for Victoria Douglas, born October 5, 1999, and Veronica Douglas, born October 5, 1999, having been called on a petition by the father for special relief, the following interim order is entered on consent without prejudice to either party on the merits of their respective complaints for custody: (1) Thomas L. Douglas, Jr., father, and Svetlana Douglas, mother, shall have shared legal custody. (2) The father and mother shall share physical custody of Victoria and Veronica on a schedule attached hereto as Petitioner's Exhibit No. 1. (3) While this interim order remains in effect the children shall continue to attend the Camp Hill School and Magic Years in Camp Hill. ~J°'~'nne Harrison Clough, Esquire For Thomas L. Douglas, Jr. ~aren Koenigsberg, Esquire N~ For Svetlana Douglas :sal gar B. Bayl~/, j. ~ 8~t:C Nd 9-O.lOhr~OZ DECEMBER 2004 "Sunday Monday TueSday Wednesday Thur:~day Friday Saturday ~ ~ ~4D 5 6 7 8 9 10 11 14 15 16 17 18 19 20 '" 21 22 23 224// 25 THOMAS L. DOUGLAS, JR., : Plaintiff : V. : SVETLANA DOUGLAS, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5975 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BAYLEY, J. --- ORDER AND NOW, this ORDERED that the above captioned matter docketed to No. 04-5932 Civil Term. ~-~ BY THE ~.,OURT: Edgar B. Bayley, J~ - day~'~'~~~--,of ., 20(~-~'~, it is hereby action is consolidated with the prior action in this Dist: :241569 Mary A. Etter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 Joanne Harrison Clough, Esquire, 24 N. 32nd Street, Camp Hill, PA 17011