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HomeMy WebLinkAbout05-6308 KENNETH LEE OZIO, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- t. 367 CIVIL TERM DONNA MARIE HELMAN Defendant CUSTODY COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Kenneth Lee Ozio, hereinafter referred to as Father. Father's permanent residence is 1027 Martin Drive, Newport, Perry County, Pennsylvania 17074. 2. Defendant is Donna Marie Helman, hereinafter referred to as Mother. Mother's current address is 107 Boyer Street, Summerdale, Cumberland County, Pennsylvania 17093. 3. Father seeks partial physical custody of the minor child: Name Joshua E. Ozio Present Residence 107 Boyer Street Summerdale, PA 17093 Age 2/22/92 DOB, 13 years old The child, Joshua Ozio, was born during the parties' marriage. The child is presently in the custody of Mother. 4. During his lifetime, Joshua has resided with the following persons and at the following addresses: Name Kenneth Lee Ozio Donna Marie Helman Kenneth Lee Ozio Donna Marie Helman Kenneth Lee Ozio Donna Marie Helman Kenneth Lee Ozio Donna Marie Helman Donna Marie Helman Cathy McBride Address Date 613 Herrin Lane Summerdale, P A Birth - 1995 300 Valley Road Summerdale, P A 1995-1998 21 Popular Street Wormleysburg, PA 1998-2000 PO Box 76 Summerdale, PA 2000-2001 19 Steven Road Camp Hill, P A 2001-2002 107 Boyer Street Summerdale, PA 17093 2002-present Donna Marie Helman Ken Helman Ken Helman's parents Son of Ken and Donna Helman The parties are divorced from each other. 5. Father currently lives by himself. 6. Mother currently resides with the following persons: Name Kenneth Helman Joshua Ozio Relationship Husband Son with Father 7. In January 2002, the parties entered into a Marital Settlement and Agreement which, in pertinent part addressed the dissolution of the marital estate and set forth a custody order regarding Joshua Ozio. 8. Father has no information of a current custody proceeding concerning Joshua, nor is Father aware of an Order entered pursuant to the Marital Settlement and Agreement in regard to the custody provision of the Agreement. 9. Father does not know of a person not a party to the proceedings who has physical custody of Joshua or claims to have custody or visitation rights with respect to Joshua. 10. The best interest and permanent welfare of Joshua will be served by granting the relief requested for reasons including, but not limited to the following: a) Since Joshua was born, Father actively participated in providing for Joshua's daily emotional, physical, educational, and medical needs and helped to provide a stable home environment for Joshua. b) Subsequent to the parties' divorce, Father tried to maintain a relationship with Joshua and exercised his periods of partial custody in accordance to the schedule reached in the Agreement. c) Father is willing to work with Mother to provide care for Joshua and demonstrates genuine support for the mother/son relationship between Mother and Joshua, even while maintaining his father/son relationship with Joshua. d) Mother has not acted in Joshua's best interest in ways including but not limited to the following: i) Despite an Agreement setting forth a custody schedule, Mother has arbitrarily decided not to adhere to the schedule and prevents Father from exercising his periods of partial custody. ii) Mother uses Joshua's visits with Father as a form of punishment. If Joshua misbehaves during the week then he is not perm itted to visit Father on the weekends. iii) To further prevent Father from seemg Joshua, Mother has scheduled vanous extra-curricular activities for Joshua during Father's weekends of partial custody. iv) When Mother would allow Father to have periods of partial custody, she would change the return time from 6:00 p.m. as set forth in the agreement and require Father to return Joshua earlier. v) Mother's interference with the healthy development and maintenance of a father/SOil relationship is detrimental to Joshua and does not serve his best interests. II. Every person with rights to custody or having actual physical custody of Joshua has been named as parties to this action or has been provided with notice of this action. WHEREFORE, Father respectfully requests that the Court order the following: a. The parties shall have shared legal custody of Joshua. b. Mother shall have primary physical custody of the child. c. Father shall have periods of partial physical custody as follows: i. Alternating weekends from Friday after school or 3:00 p.m., whichever is later, until Sunday at 6:00 p.m. ii. Every Wednesday after school or 3:00 p.m., whichever is later, until 6:00 p.m. iii. During the smnmer for three weeks with thirty (30) days notice to Mother. iv. Other times as agreed upon by the parties. d. The parties shall alternate the holidays of New Year's Day, Easter, Memorial Day, July Fourth, Labor Day, Veteran's Day and Thanksgiving, from 8:00 a.m. until 6:00 p.m. Mother shall begin with New Year's Day in 2006. e. The Christmas holiday shall be split with Father having the time period of December 23rd at 9:00 a.m. until Christmas Day at 12:00 noon during even years and the time period of Christmas Day at 12:00 noon until December 27'h at 6:00 p.m. in even years. f. Father shall have Joshua for Father's Day. Mother shall have Joshua for Mother's Day. g. Father shall have time on Joshua's birthday from 5:00 p.m. until 8:30 p.m. h. Any other relief this court deems just and proper. ///' fisstEa Holst, Esquire Mid Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Kenneth Lee Ozio, verifies that the statements made in the above complaint To Confirm custody are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: .....----- /2--/-05 j~~ Kenneth Lee Ozio KENNETH LEE OZIO, IN THE COURT OF COMMON PLEAS OF Plaintiff vs. CUMBERLAND COUNTY, PENNSYLVANIA NO.05- &"1 O'{ CIVIL TERM DONNA MARIE HELMAN Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Donna Marie Helman, with a Complaint To Confirm Custody on f}Wrn h-- J- , 2005 by certified mail, return receipt, restricted delivery, to the person and address below: Donna Marie Helman 107 Boyer Road Summerdale, P A 17093 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 falsification to authorities. >/f' Signature:-"-"'~:Z; .... I . Date: i}u-y,.-,l2.I/ ff lO':J' " "',.j \' '\\ , 'i\ \j L :1 L c._ -- cJ KENNETH LEE 0210, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05- {,; 308" CIVIL TERM DONNA MARIE HELMAN Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kenneth Ozio, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. .// , Jessi st, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, P A 17013 (717) 243-9400 c C'; KENNETH LEE OZIO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-6308 CIVIL ACTION LA W DONNA MARIE HELMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Wednesday, December 14, 20Q_~._ ____, upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at4thF'.I~.~r, Cumberland County Courthouse, Carlisle on Tuesday, January 17,2006 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: ~ .E<:.queline M. Verney. Esq. ,/~ Custody Conciliator T 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 HA VE 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 ~~?)'l $P ~~ ~l >>'5/6 . -h '2: ~ ~t?, ~r:75/I/ ,S 7' J.t/ ~7~ 4/;;p r9 ->(/'-3/- E/ '" I"! ;1. . , ,-, ~ r ~ '"1 . ~,-, ,. I'~ '" , . ~ KENNETH LEE OZIO, Plaintiff ( : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6308 CIVIL ACTION - LAW DONNA MARIE HELMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this Is'dayof (cAw" consideration of the attached Custody Conciliation Re follows: , 2006, upon ort, it is ordered and directed as 1. The Father, Kenneth Lee Ozio and the Mother, Donna Marie Helman, shall have shared legal custody of Joshua E. Ozio, born February 22, 1992. 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 ofPa.C.S. S5309, 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. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Beginning February 11, 2006, alternating weekends from Friday at 5:00 p.m. to Sunday at 4:00 p.m., with the approval of the child's therapist, who is currently Michael Shifflet B. Holidays, vacation and such other times as the parties agree. , ,I C '~'i :8 !.! r I '-'-'j c':7 {.. ll.J. ~lh;& u..., :lu 4. The parents shall have weekly telephone contact to discuss the child's Issues. 5. Father shall have telephone contact with the child every other day at 7:00 p.m. 6. The parties shall cooperate with the child's counselors and doctors, participating in therapy if requested. 7. Father shall be responsible for all transportation. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator for another Custody Conciliation Conference within 90 days of this Order. BY THE COURT, .4i J. cc: Jessica Holst, Esquire, Mid Penn Lega ervice, Counsel for Father Samuel Andes, Esquire, Counsel for Mother ;)-/3-U40 {! - - I. d ~4"~, y/5 KENNETH LEE OZIO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-6308 CIVIL ACTION - LAW DONNA MARIE HELMAN, Defendant : IN CUSTODY PRIOR JUDGE: None 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 ofthis litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua E. Ozio February 22,1992 Mother 2. A Conciliation Conference was held in this matter on February 9, 2006 with the following in attendance: The Father, Kenneth Lee Ozio, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Mother, Donna Marie Helman, with her counsel, Samuel Andes, Esquire. 3. The parties agreed to an Order in the form as attached. ;2. -q-o~ Date 7 '--~ cqu ne M. Verney, Esquire Custody Conciliator ~ VL~ ~-_.- ---- KENNETH LEE OZIO, Plaintiff IJ\yJUN..~.:=i~_J : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6308 CIVIL ACTION - LAW DONNA MARIE HELMAN, Defendant IN CUSTODY ORDER OF COURT ANDNOW,this /1' dayof 1""'-<- ,2006, upon consideration of the attached Custody ConciliatIOn Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 13,2006 shall remain in full force and effect with the following modification: 2. Paragraph 3A shall be deleted in its entirety and replaced with the following: 3. Beginning June 17,2006 Father shall have physical custody of the child for four alternating weekends from Saturday at 12:00 noon to Sunday at 6:00 p.m. Thereafter, Father shall have physical custody ofthe child on alternating weekends from Friday at 4:30 p.m. to Sunday at 5:00 p.m. 4. 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. BY THE COURT, / . /l /J-- 1. --,-I '-"'n" _..':1;-'\.i) V f. lJ :01 WIlli rmr 900Z AHVIU,';' _ J)CJJ 3Hl :10 3:)1!:I()-O:1lI::l KENNETH LEE OZIO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6308 CIVIL ACTION - LAW DONNA MARIE HELMAN, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 Joshua E. Ozio February 22, 1992 Mother 2. A Conciliation Conference was held in this matter on June 6, 2006 with the following in attendance: The Father, Kenneth Lee Ozio, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Mother, Donna Marie Helman, with her counsel, Samuel Andes, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated February 13,2006 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends provided the child's counselor approved. 4. The parties agreed to an Order in the form as attached. ~-7-()~ Date /Lt. acq ine M. Verney, Esquire Custody Conciliator