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HomeMy WebLinkAbout05-5299Daniel E. Godsoe, Jr., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05- ?? 99 CIVIL TERM Dawn L. Godsoe, : CIVIL ACTION -CUSTODY Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Daniel E. Godsoe, Jr., an adult individual whose residence is at 763 Mount Rock Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Dawn L. Godsoe, an adult individual whose residence is at 2200 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of his child Daniel E. Godsoe, III, born January 4, 2004 currently residing with Plaintiff at 763 Mount Rock Road , Carlisle, Cumberland County, Pennsylvania and also residing with Defendant at 2200 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania. 4. The child is presently in the custody primarily of plaintiff and partially of defendant. 5. The child has lived at the following addresses: Name Address Dates Daniel E. Godsoe, III 763 Mount Rock Road, Carlisle, PA 9110/2005 -Current Daniel E. Godsoe, III 2200 Ritner Hwy, Shippensburg, PA 8/2005 - 9/10/2005 6. The relationship of the plaintiff to the child is that of natural father. 7. The relationship of the defendant to the child is that of adoptive mother. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 11. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 13. It is believe that the Defendant intends to relocate her residence and employment to the state of New York on or about October 17, 2005. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the natural care giver with respect to the child. WHEREFORE, Wherefore, plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the plaintiff's requests for shared legal custody and primary physical custody of the child to the plaintiff with partial physical custody of the child to the defendant. Respectfully Submitted TURD LAW OFFICES Date Galen R. Waltz, sc 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dates Daniel E. Godsoe CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint for Custody, upon Dawn L. Godsoe, by depositing same in the United States Mail, first class, postage pre-paid on the Of'I day of a_?Ok72_r 2005, from Carlisle, Pennsylvania, addressed as follows: Dawn L. Godsoe 2200 Ritner Highway Shippensburg, PA 17257 TURO LAW OFFICES Galen R. Waltz, Esqfe 28 South Pitt Streer Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ? \J l.7 O t' IT -a -r. ., rti DANIEL E. GODSOE, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5299 CIVIL ACTION LAW DAWN L. GODSOE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 12, 2005 _ _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 27, 2005 at 10:30 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 THE COURT. By: is/ Jacqueline M. Verne Es _ 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 -So r/ al so ei_ of DANIEL E. GODSOE, JR., Plaintiff V. DAWN L. GODSOE, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PEP : NO. 2005-5299 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of 0 " 2005, upon consideration of the attache Custody Conciliation Report, it is ordered and directed as follows: 0 1 2005 The Father, Daniel E. Godsoe, Jr. and the Mother, Dawn L. Godsoe, shall have shared legal custody of Daniel E. Godsoe, III, born January 4, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall share physical custody on a 2 week on/2 week off basis. The exchange day and time shall be Saturdays at a time agreed by the parties. Father shall begin the first two week period on October 29, 2005. 3. The non-custodial parent shall have liberal visitation during their non- custodial period at times agreed by the parties in the Scranton area. 4. Custodial exchanges shall occur at times as agreed at a location in Hazelton, Pennsylvania. 5. Thanksgiving: Father shall have physical custody of the child in 2005. 6. Christmas. The Christmas holiday shall be divided into two blocks. Block A shall be from 3:00 p.m. on Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in 2005 and Mother shall have Block B in 2005. 7. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day at times agreed to by the parties. 8. This Order is entered pursuant to 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. Another Conciliation Conference is scheduled for Monday, February 21, 2006 at 9:30 a.m. J. eq, alen R. Waltz, Esquire, Counsel for Father / ssica Holst, Esquire, Counsel for Mother U:?dV Pdld 1 Z :G Af '7- AON SCOT ?Ni 20 NCV 2005 DANIEL E. GODSOE JR. : IN THE COURT OF COMMON PLY,AS'-(TF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DAWN L. GODSOE, Defendant IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT : 2005-5299 CIVIL TERM : CIVIL ACTION - LAW 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 Daniel E. Godsoe, III January 4, 2004 shared 2. A Conciliation Conference was held in this matter on November 1, 2005, with the following individuals in attendance: The Father, Daniel E. Godsoe, Jr., with his counsel, Galen R. Waltz, Esquire, and Mother, Dawn L. Godsoe, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. The parties agreed to an Order in the form as attached. Date Jaequ me M. Verney, Esquire ®?- Custody Conciliator RECTE,IVFI? MAR 3 1 2006 JQ 1: DANIEL E. GODSOE, JR., : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5299 CIVIL TERM DAWN L. GODSOE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached Custody Concilia ion Report, it is ordered and directed as follows: 1. The prior Order of Court shall remain in full force and effect with the following modification: 2. Neither of the parties' significant other shall be present at custodial exchanges. 3. This Order is entered pursuant to 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 COUR , J. c : al . Waltz, Esquire, Counsel for Father ssicaR Hoist, Esquire, Counsel for Mother V ON r /?l, -.. .....: ,n 11 ,,d C1_ ?e ,,,{ (i 51=7 ?.J ale .5 ._?.a? :?,.? ..,l ?.G W?:? ? - -'? ???. DANIEL E. GODSOE, JR., Plaintiff V. DAWN L. GODSOE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005-5299 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Daniel E. Godsoe, III January 4, 2004 shared 2. A Conciliation Conference was held in this matter on March 30, 2006, with the following individuals in attendance: The Father, Daniel E. Godsoe, Jr., with his counsel, Galen R. Waltz, Esquire, and Mother, Dawn L. Godsoe, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. The Honorable Edward E. Guido entered an Order of Court dated November 4, 2005 providing for shared legal and shared physical custody on a 2-week on/2-week off basis. 4. The parties agreed to an Order in the form as attached. 3 - j (-0 6 1, 11 Date acqu Ie M. Verney, Esquire Custo y Conciliator DANIEL E. GODSOE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 2005-5299 CIVIL TERM DAWN L. GODSOE, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Daniel E. Godsoe, Jr., by and through his counsel, Michael J. Whare, Esquire and in support of his Petition to Modify Custody avers as follows: 1. Petitioner is Daniel E. Godsoe, Jr., hereinafter referred to as "Father". 2. Respondent is Dawn L. Godsoe, hereinafter referred to as "Mother". 3. The parties are the parents of Daniel E. Godsoe, III, born January 4, 2004, hereinafter referred to as "Child". 4. The Honorable Judge Edward E. Guido entered anOrder in regards to the above captioned case on April 5, 2006. The Order of April 5, 2006, kept the previous Order of November 4, 2005 in full force and effect subject to one modification concerning custody exchanges. (See Exhibit "A" attached) 5. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother has relocated to New York. b) The Child has begun Kindergarten in New York and makes the Custody Order of November 4, 2005, granting the parties 50/50 physical custody of the Child, impossible to follow. c) Father would like to modify the current custody order to provide him with primary physical custody subject to Mother's periods of partial custody. d) Father is best able to provide a safe and stable environment for the Child. 6. The best interest of the Children will be served by the Court modifying said Order and granting Father primary physical custody. WHEREFORE, Petitioner respectfully requests this Honorable Court grant his Petition to Modem Custody. Respectfully submitted, ow- Date. 1 a--LJ11LA Michael I Whare, squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff DANIEL E. GODSOE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law No. 2005-5299 CIVIL TERM DAWN L. GODSOE, Defendant IN CUSTODY ATTORNEY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: dAj'? L Michael J. Whare, sq. BY: DANIEL E. GODSOE, JR., : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2005-5249 CIVIL TERM DAWN L. GODSOE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2046, upon consideration of the attached Custody Concilia 'on AReport, it is ordered and directed as follows: 1. The prior Order of Court shall remain in full force and effect with the following modification: 2. Neither of the parties' significant other shall be present at custodial exchanges. 3. This Order is entered pursuant to 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 COUR , J. R. Waltz, Esquire, Counsel for Father sica Holst, Esquire, Counsel for Mother Y ON REC:EIVEIS MAR ? 1 2006 ?rF:YV .v 1 0 1 2005 DANIEL E. GODSOE, JR., Plaintiff V. : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PEP NO.2005-5299 CIVIL TERM DAWN L. GODSOE, : CIVIL ACTION - LAW Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of #3 , 2005, upon consideration of the attach Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Daniel E. Godsoe, Jr. and the Mother, Dawn L. Godsoe, shall have shared legal custody of Daniel E. Godsoe, III, born January 4, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall share physical custody on a 2 week on/2 week off basis. The exchange day and time shall be Saturdays at a time agreed by the parties. Father shall begin the first two week period on October 29, 2005. 3. The non-custodial parent shall have liberal visitation during their non- custodial period at times agreed by the parties in the Scranton area. 4. Custodial exchanges shall occur at times as agreed at a location in Hazelton, Pennsylvania. 5. Thanksgiving: Father shall have physical custody of the child in 2005. 6. Christmas. The Christmas holiday shall be divided into two blocks. Block A shall be from 3:00 p.m. on Christmas Eve to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Fattier shall have Block A in 2005 and Mother shall have Block B in 2005. 7. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day at times agreed to by the parties. 8. This Order is entered pursuant to 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. Another Conciliation Conference is scheduled for Monday, February 21, 2006 at 9:30 a.m. I cc-,4alen R. Waltz, Esquire, Counsel for Father !! ssica Holst, Esquire, Counsel for Mother FILE 't-,t Iri"fC'f OF TNT P"? -) , ? , "L -TARRY 2009 NOV - 6 All 10: 0 9 pct ???? ??L,c DANIEL E. GODSOE, JR. PLAINTIFF V. DAWN L. GODSOE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-5299 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 10, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 01, 2009 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . 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 III r=?1,.• r.?." r ni tr 12 s, n:: j- I (I /q DEC 0 ? ?fl . DANIEL E. GODSOE, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5299 CIVIL TERM DAWN L. GODSOE, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 30( day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Orders of Court dated November 4, 2005 and April 5, 2006 are hereby vacated. 2. The Father, Daniel E. Godsoe, Jr. and the Mother, Lisa Godsoe, shall have shared legal custody of Daniel E. Godsoe, III, born January 4, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall have shared physical custody on the following schedule: A. During the school year, the child shall reside primarily with Mother and Father shall have periods of partial physical custody on alternating weekends from Friday to Sunday, or Monday if Monday is a school holiday. B. During the summer, the child shall reside primarily with Father, beginning the first day after school recesses to one week before school begins and Mother shall have physical custody one week per month. The week in August shall be one week before school begins. Mother's weeks shall be from Sunday to Sunday. 4. Holidays: A. Thanksgiving shall be alternated from year to year. Mother shall always have physical custody in even numbered years. In even numbered years, Father shall have physical custody from Friday to Monday. In odd numbered years Father shall have physical custody from Wednesday to Monday. B. Christmas. Father shall always have physical custody of the child from 3:00 p.m. Christmas to the day before school resumes. C. Father shall always have physical custody of the child for Labor Day weekend from Friday to Monday. D. Mother shall always have physical custody of the child for Mother's Day weekend and Father shall always have physical custody of the child on Father's Day weekend. Only parents may physically discipline the child. 6. Transportation shall be shared such that the parties shall exchange custody at an agreed to location in Hazelton, Pennsylvania. 7. Neither parent may do or say anything, nor permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 8. This Order is entered pursuant to 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 T COURT J. cc?ichael J. Whare, Esquire, Counsel for Father Dawn Mutz, pro se 45 Patterson Road Windsor, NY 13865 Cop i'ts' , J.V AJ 10? DANIEL E. GODSOE, JR., Plaintiff V. DAWN L. GODSOE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-5299 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Daniel E. Godsoe, III DATE OF BIRTH CURRENTLY IN CUSTODY OF January 4, 2004 shared 2. A Conciliation Conference was held in this matter on December 1, 2009, with the following individuals in attendance: The Father, Daniel E. Godsoe, Jr., with his counsel, Michael J. Whare, Esquire, and Mother, Dawn L. Godsoe, pro se. 3. The Honorable Edward E. Guido previously entered Orders of Court dated November 4, 2005 and April 5, 2006 providing for shared legal and shared physical custody on a 2-week on/2-week off basis. 4. The parties agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator OF TI-1-1-- 2003, DEC -3 °il " 09 Cb % ,,TY 112 DANIEL E. GODSOE, JR., Plaintiff V. DAWN L. GODSOE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5299 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AMENDED ORDER OF COURT AND NOW, this day of December, 2009, the Order of Court dated of December 3, 2009 is hereby amended to reflect Mother's name in Paragraph 2 as Dawn L. Godsoe, not Lisa Godsoe. All other provisions of the Order of Court dated December 3, 2009 shall remain in full force and effect. BY THE C U'T, J. -jichael J. Whare, Esquire, Counsel for Father awn Mutz, pro se 45 Patterson Road Windsor, NY 13865 A -i'l.Od ,41hd df ?MfflOMl k 114