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HomeMy WebLinkAbout06-0563SUNNY D. NELSON, Plaintiff vs. JEFFREY J. NELSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01,- Sle3 l.. t U LL / ?/L1-? CIVIL ACTION - LAW DIVORCE/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, the 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 child. When the ground for 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 at the Cumberland County Courthouse, 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 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 SUNNY D. NELSON, Plaintiff vs. JEFFREY J. NELSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ?? 563 l.. lUl l., )-7 CIVIL ACTION - LAW DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Sunny D. Nelson, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Sunny D. Nelson, is an adult individual who currently resides at 411 Sandy Lane, Dauphin, Dauphin County, Pennsylvania, 17108. 2. The Defendant, Jeffrey J. Nelson, is an adult individual who currently resides at 123 Patterson Avenue, Aliquippa, Beaver County, Pennsylvania, 15001. 3. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on November 11, 2000 in Aliquippa, Beaver County, Pennsylvania. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There is one (1) dependent child from this marriage, namely Riley Elizabeth Nelson, born January 6, 2004. 11. This action is not collusive. Count II - Custody 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff seeks primary custody of the following child: Name Present Residence Age Riley Elizabeth Nelson 411 Sandy Lane 1 year Dauphin, PA 17108 DOB 1/6/2004 The child named above is presently in the custody of her natural mother, Plaintiff, Sunny D. Nelson, who currently resides at 411 Sandy Lane, Dauphin, Dauphin County, Pennsylvania, 17108. Since birth, the child has resided with the following persons and at the following addresses: Name Plaintiff Plaintiff Defendant Plaintiff Defendant Address 411 Sandy Lane Dauphin, PA 17108 Dates 11/2005 - present 4225 Roth Lane, Apt. 108 9/2004 - 11/2005 Mechanicsburg, PA 17050 116 Fawn Ridge North 8/2003 - 8/2004 Harrisburg, PA 17111 14. The mother of the child is Plaintiff, Sunny D. Nelson, who currently resides at 411 Sandy Lane, Dauphin, Dauphin County, Pennsylvania, 17108. The father of the child is Defendant, Jeffrey J. Nelson, currently residing at 123 Patterson Avenue, Aliquippa, Beaver County, Pennsylvania, 15001. 15. The relationship of the Plaintiff to the child is that of natural mother. The relationship of the Defendant to the child is that of natural father. Plaintiff and Defendant are married to each other and the child was not born out of wedlock. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 18. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child and has been her primary caretaker since birth. (b) Plaintiff is able to provide a nurturing stable environment for the child; (c) The best interests of the child would be served if Mother is granted primary physical custody of the child. (d) The child would benefit from continued custody with her natural mother. 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted full primary physical custody of the parties' daughter. DATE: RESPECTFULLY SUBMITTED: BY: e 6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 SUNNY D. NELSON, : IN TI4E COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY J. NELSON, Defendant No. CIVIL ACTION - LAW DIVORCE/CUSTODY I, Sunny D. Nelson, hereby verify that the statements made in the foregoing 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. § 4904, relating to unsworn falsification to authorities. Date: l 1 U Signature: ' ?? S yD.Ne n T . cr) M.l' SUNNY D. NELSON, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. Q (p _ f'(o 3 C /1 1 P /m JEFFREY J. NELSON, CIVIL ACTION -LAW Defendant CUSTODY COMPLAINT IN CUSTODY The Plaintiff, Sunny D. Nelson, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Sunny D. Nelson, is an adult individual who currently resides at 411 Sandy Lane, Dauphin, Dauphin County, Pennsylvania, 17108. 2. The Defendant, Jeffrey J. Nelson, is an adult individual who currently resides at 123 Patterson Avenue, Aliquippa, Beaver County, Pennsylvania, 15001. 3. There is one (1) dependent child from this marriage, namely Riley Elizabeth Nelson, born January 6, 2004. 4. The Plaintiff seeks primary custody of the following child: Name Present Residence Agee Riley Elizabeth Nelson 411 Sandy Lane 1 year Dauphin, PA 17108 DOB 1/6/2004 The child named above is presently in the custody of her natural mother, Plaintiff, Sunny D. Nelson, who currently resides at 411 Sandy Lane, Dauphin, Dauphin County, Pennsylvania, 17108. Since birth, the child has resided with the following persons and at the following addresses: Name Plaintiff Plaintiff Defendant Address 411 Sandy Lane Dauphin, PA 17108 Dates 11/2005 - present 4225 Roth Lane, Apt. 108 9/2004 - 11/2005 Mechanicsburg, PA 17050 Plaintiff 116 Fawn Ridge North 8/2003 - 8/2004 Defendant Harrisburg, PA 17111 5. The mother of the child is Plaintiff, Sunny D. Nelson, who currently resides at 411 Sandy Lane, Dauphin, Dauphin County, Pennsylvania, 17108. The father of the child is Defendant, Jeffrey J. Nelson, currently residing at 123 Patterson Avenue, Aliquippa, Beaver County, Pennsylvania, 15001. 6. The relationship of the Plaintiff to the child is that of natural mother. The relationship of the Defendant to the child is that of natural father. Plaintiff and Defendant are married to each other and the child was not born out of wedlock. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child and has been her primary caretaker since birth. (b) Plaintiff is able to provide a nurturing stable environment for the child; (c) The best interests of the child would be served if Mother is granted primary physical custody of the child. (d) The child would benefit from continued custody with her natural mother. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted full primary physical custody of the parties' daughter. RESPECTFULLY SUBMITTED: DATE: BY: 8 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 SUNNY D. NELSON, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. JEFFREY J. NELSON, CIVIL ACTION -LAW Defendant CUSTODY VERIFICATION I, Sunny D. Nelson, hereby verify that the statements made in the foregoing Complaint 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. IKO? Signature: C i ?- / tL Date: Sunny D. Nel on . ? t - SUNNY D. NELSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY J. NELSON DEFENDANT 06-563 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 09, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, March 31, 2006 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 THE COURT. By: /s/ Melissa P. Gree 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 X4P J?l j7 170. 'i1J n " ? 'tlli'S SUNNY D. NELSON, Plaintiff 4PR) ? 20(6 IN THE COURT OF COMMDN-ISr OF - CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-563 CIVIL TERM V. JEFFREY J. NELSON Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT th AND NOW, this ?- day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Sunny D. Nelson and Jeffrey J. Nelson shall have shared legal custody of the minor child, Riley Elizabeth Nelson born January 6, 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 her 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 of 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. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. At minimum, one (1) weekend per month selected by the mutual agreement of the parties. Father's periods of partial custody shall occur at the home of the paternal grandmother. B. And at such other times as the parties shall agree. 3. Holidays. The parties shall alternate holidays by their mutual agreement. 4. Should Mother's planned relocation to the Beaver County area or a nearby county be successful, this matter shall be registered in the county of Mother's residence and the parties have agreed that the Cumberland County Court of Common Pleas may then relinquish jurisdiction to the county of Mother's residence. Because the parties are planning to reside in a geographic location in closer proximity to each other in the coming months, the intention of this paragraph is to provide them with an opportunity to access local Courts NO. 06-563 CIVIL TERM more readily, should they need assistance to work out future modifications to the custodial plan existing in the present Order. BY THE COURT: l J. Dist: /Jeffrey B. Costopoulos, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 Jeffrey J. Nelson, 123 Patterson Avenue, Aliquippa, PA 15001 v Ci ., :7 ?, .. .! ?... [l, L APR 0 7 2006 SUNNY D. NELSON, Plaintiff IN THE COURT OF CM CUMBERLAND COUNTY, NO. 06-563 CIVIL TERM V. JEFFREY J. NELSON Defendant CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Riley Elizabeth Nelson January 6, 2004 Mother 2. The parties first Custody Conciliation Conference was held on March 31, 2006. The following individuals in attendance: the Mother, Sunny D. Nelson, and her counsel, Jeanne B. Costopoulos, Esquire; the Father, Jeffrey J. Nelson, participated in the conference pro se. 3. The parties reached an agreement in the orm f an Order as attached. 4/ /? ?4,--7? Date Melissa Peel Greevy, Esq 're Custody Conciliator :272582 SUNNY D. NELSON, Plaintiff VS. JEFFREY J. NELSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-563 CIVIL ACTION -LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 26, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit 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. Date: laW Signature: 'Sunny D elson +`'? ?? c? Ca c- ? -?, ?? ?n _ -.,.., f ?.°- _; „: , _ ' --?a -, 'C1 r. p.:'. VJ { SUNNY D. NELSON, Plaintiff VS. JEFFREY J. NELSON, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-563 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeann6 B. Costopoulos, Esquire, verify that the Complaint in Divorce was served upon the Defendant indicated above on February 17, 2006, by first class, Certified Mail No. 7000 1530 0001 6001 9869, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. § 1930.4. DATE: l.. BY: eann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ AttacWIs card to the back of the mailpiece, or on We front if space permits. 1. Article Addressed to: ?e R? I Np(san la3 ?'a'?an ??e. A. R ceived by (Piea§se Print Clearly) B. Date of Delivery iLr? 2-j7-06- C . 1 ture x lall ? Agent ddressee D. Is li address Iferem from Item t? ? yes If ES, mar delivery address below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number _76 Q d 1 SjO Oc®1 e601 el", l (Transfer from service label) PS Form 3511, March 2001 Domestic Return Receipt 102595-01-M-1424 c- C... t '. `.? -. . I G SUNNY D. NELSON, Plaintiff vs. JEFFREY J. NELSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-563 CIVIL ACTION - LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT FINDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 26, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit 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. f Date: U- ; - O Fv Signature: Jef i J so li _ ?? ? 1. ?} ! - r.? J SUNNY D. NELSON, Plaintiff VS. JEFFREY J. NELSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-563 CIVIL ACTION - LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 1 verify that the statements made in this Affidavit 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. Dated: it -2 •66 Signature: Je ey OeIS06 - . <;, ?_ SUNNY D. NELSON, Plaintiff VS. JEFFREY J. NELSON, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-563 CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. 7000 1530 0001 6001 9869 on February 17, 2006. See attached Affidavit of Service. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff. 5/26/2006; by the Defendant: 6/2/2006. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) divorce was filed with the prothonotary: 6/7/2006. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. RESPECTFULLY SUBMITTED: BY elTe=6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 DATE: PA Supreme Ct. ID No. 68735 ?:, -., _ ._? ?. i I '. IN THE COURT OF COMMON PLEAS AND NOW, SUNNY D. NELSON, Plaintiff VERSUS JEFFREY J. NELSON, Defeddant OF CUMBERLAND COUNTY STATE OF PENNA. No. DECREE IN DIVORCE DECREED THAT AND T0?)f, z9 SUNNY D. NELSON 06-563 1A, IT IS ORDERED AND , PLAINTIFF, JEFFREY J. NELSON DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. BY THE COURT: ATTEST: u??/Xp'yty^ J J. .st// /? ASO?C??J PROTHONOTARY ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNNY D. NELSON Plaintiff Vs JEFFREY J. NELSON Defendant File No. 06-563 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x' j prior to the entry of a Final Decree in Divorce, or x after the entry of a Final Decree in Divorce datediune 29 , 2006, hereby elects to resume the prior surname of SUNNY D. PODOLAR , and gives this written notice avowing his / her intention pursuant to provisions q5 P04. Date: January 17, 2007 ?,`?'J -77 S' ature S' a of a be' resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF I k p h i' A) ) On the day of jQ Nu4 , 200 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dorothy A. Pines, Notary Public Carroll Up., Perry County My Commission Expires Apr. 7, 2009 N (rS. W 'V V ILV d per,. s? t 0 r1l JOSEPH HENRY FISHER, Jr., Plaintiff/ Petitioner V. JERI LYNN FISHER, Defendant/ Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY No. 07-0563 CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 25th day of September, 2008, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Joseph Henry Fisher,Jr., by his attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Jarrett Dakota Fisher, born 2/14/2000, and minor child, Dakotah Paul Fisher, born 4/18/2003. In support of his Petition for Emergency Relief, Petitioner states the following: 1. The petitioner is Joseph Henry Fisher, Jr. (Father), an adult individual who resides at 1349 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Jeri Lynn Fisher (Mother), an adult individual whose residence is unknown but believed to be in Perry County. 3. The petitioner is the biological father of the minor children, Jarrett Dakota Fisher, and Dakotah Paul Fisher (hereinafter "Children"). 4. The respondent is the biological mother of the children. 5. The child, Jarrett Fisher, was born out of wedlock. The child Dakotah Fisher was not born out of wedlock. 6. Children have resided with Father and Mother at 1349 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013 since February 13, 2007. 7. Father has been the primary caretaker of the children since their birth. 8. The parties resided together until on or about September 13, 2008 when Mother left the residence. 9. Although a Custody Complaint was previously filed under this docket, the Custody Complaint was withdrawn on February 21, 2007. A new Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 10. Since Mother left the marital residence, she has not contacted Father regarding the children. 11. On or about September 23, 2008, Mother and Mother's friend entered the marital residence and removed children's clothing, games, and toys. Either Mother or her friend also took two bottles of Father's prescription pain medication - Percocet. 12. Mother is not acting in the children's best interests for reasons including, but not limited to, the following: a. In December 2005, Mother absconded with the children after she met a couple online and took the children to New York without telling Father. It took Father a full month to locate Mother and children and he then had to travel from Alabama to New York because Mother's new friends were throwing her out. b. On January 23, 2007, Mother took the children with her to live with her then paramour. Father was able to regain custody of Dakotah later that evening, but had to wait until February 13, 2007 when the Court ordered Mother to return Jarrett to Father. c. During the time Mother had Jarrett in her care; she did not take the child or allow the child to attend school. d. The child, Jarrett, has special needs and attends a special needs school in Cumberland County. e. The child, Dakotah, also attends school in Cumberland County. f. Both children require the occasional use of inhalers and nebulizers to control asthma. The inhalers and nebulizers were not among the items Mother removed from the home on September 23, 2008. g. On or about September 19, 2008, Jarrett Fisher was rushed to the emergency room for an asthma attack. Father attempted to contact Mother to inform her of the situation. Mother told him that she was busy, that he should stop bothering her and hung up on Father. Mother never came to the emergency room. h. Father believes Mother is living with her current paramour, Tony Barclay. Father believes that Mother's current paramour may have sexually abused his daughter and that that child was subsequently removed from Mr. Barclay's custody by Children and Youth Services. 13. Father believes and therefore avers that it is in the best interests of the minor children that Father be granted shared legal and primary physical custody of the children, pending further Order of Court. WHEREFORE, the petitioner, Joseph Henry Fisher, respectfully requests that this Honorable Court enter an Order granting Petitioner shared legal and primary physical custody of the Children, Jarrett Dakota Fisher and Dakotah Paul Fisher, and schedule this matter for hearing or conciliation. Respectfully submitted, q /25?Dr? Date iqueSie Collette Certified Legal Intern ANNE DONALD-FOX 0' MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: fit, ?? Jo Henry Fisher, Jr. Plaintiff/Petitioner f,TB l %? SUNNY D. PODOLAK a/k/a SUNNY D. NELSON, Plaintiff v. JEFFREY J. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 563 CIVIL ACTION -CUSTODY PETITION TO MODIFY ORDER OF CUSTODY r-~, ~' t- ,-; ~ v: ~ } --~ _ -__ ,., _~ ~ . ~. ~ _:~~. -- r ~ , AND NOW, comes the Plaintiff, Sunny D. Podolak, by and through her attorney, Marlin L. Mazkley, Jr., Esquire, and files a Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Plaintiff is Sunny D. Podolak, Mother, an adult individual residing at 294 Stonehedge Lane, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant is Jeffrey J. Nelson, Father, an adult individual residing at 10 Trevor Lake Drive, Congers, NY 10920. 3. The parties aze the Pazents of Riley Elizabeth Nelson, born January 6, 2004. 4. On April 12, 2006, the. Honorable M.L. Ebert entered an order in this case granting shazed legal custody, primazy physical custody to mother and partial physical custody to father. See attached Exhibit "A." 5. Father has relocated to New York, and the parties wish to enter into an updated and agreed upon custody order. ~'1D.00 PA A7T7 ~lr to3y ~''~ aNlr eR7 WHEREFORE, Plaintiff respectfully requests that this Court modify the existing Order for Custody in the best interest of the child. Respectfully UMarlin L. Mar y, Jr., Esquire 3920 Market eet, Suite 303 Camp Hill, P nnsylvania 17011 Date: ~ ' Z L'T-°iJ ID# 84745 Tel. (717) 635-9538 SUNNY D. PODOLAK a/k/a : IN THE COURT OF COMMON PLEAS OF SUNNY D. NELSON, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. : No. 2006 - 563 JEFFREY J. NELSON, :CIVIL ACTION -CUSTODY Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ~ ~ ~" ~ ~ ~ ~"w ` ~~ Signature: Sunny D. P olak SUNNY D. PODOLAK a/k/a : IN THE COURT OF COMMON PLEAS OF SUNNY D. NELSON, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : No. 2006 - 563 JEFFREY J. NELSON, :CIVIL ACTION -CUSTODY Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail and addressed as follows: Jeffrey J. Nelson 10 Trevor Lake Drive Congers, NY 10920 Respectfully Date: 7 - 2, 2 2. o /~ ~. Ma~ml L. M~ 3920 Mazket Camp Hill, P ID# 84745 ~- ky, Jr., Esquire Beet, Suite 303 isylvania 17011 . (717) 635-9538 ~ .a APR o 7 Zoos SUNNY D. NELSON, IN THE COURT OF COM PLEAS OF CUMBERLAND COUNTY, Plaintiff N0.06-563 CIVIL TERM v. CIVIL ACTION -LAW JEFFREY J. NELSON IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1~1~--- day of April, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Sunny D. Nelson and Jeffrey J. Nelson shall have shared legal custody of the minor child, Riley Elizabeth Nelson born January 6, 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 her 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 of 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. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. At minimum, one (1) weekend per month selected by the mutual agreement of.the parties. Father's periods of partial custody shall occur. at the home of the paternal grandmother. B. And at such other times as the parties shall agree. 3. Holidays. The parties shall alternate holidays by their mutual agreement. 4. Should Mother's plannggd relocation to the Beaver County area or a nearby county be successful, this matter shall be registered in the county of Mother's residence and the parties have agreed that the Cumberland County Court of Common Pleas may then relinquish jurisdiction to the county of Mother's residence. Because the parties are planning to reside in a geographic location in closer proximity to each other in the coming months, the intention of this paragraph is to provide them with an opportunity to access local Courts • r NO. 06-563 CIVIL TERM more readily, should they need assistance to work out future modifications to the custodial plan existing in the present Order. BY THE COURT: /``~ J. Dist: Jeanne B. Costopoulos, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 Jeffrey J. Nelson, 123 Patterson Avenue, Aliquippa, PA 15001 In Testim%r:y ~~~h~r~~r~ t , , , an the s~~~l o~ ,~,~ , ,; $ ........~ C'. J O.. a! ~~CORt9 ~~ sit my band iisi2,~Pa. SUNNY D. NELSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-563 CIVIL TERM v CIVIL ACTION -LAW JEFFREY J. NELSON Defendant IN CUSTODY 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 THE CUSTODY OF Riley Elizabeth Nelson January 6, 2004 Mother 2. The parties first Custody Conciliation Conference was held on March 31, 2006. The following individuals in attendance: the Mother, Sunny D. Nelson, and her counsel, Jeanne B. Costopoulos, Esquire; the Father, Jeffrey J. Nelson, participated in the conference pro se. 3. The parties reached an agreement in orm fan Order as attached. ~/ Date Melissa Peel Greevy, Esq 're Custody Conciliator :272582 SUNNY D. PODOLAK A/K/A SUNNY D. IN THE COURT OF COMMON PLEAS OF NELSON PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-563 CIVIL ACTION LAW JEFFREY J. NELSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 20, 2010 , 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 Friday, October 01, 2010 at 8:30 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Grlro 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. O n -_ Cumberland County Bar Association O qr•2?u' to N A'• co 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ts- a9Z • e C) C-M, ? al e n G.; ??o It 11 SUNNY D. PODOLAK a/k/a SUNNY D. NELSON, Plaintiff V. JEFFREY J. NELSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 563 : `n ; n ?- -, --;j ? _ CIVIL ACTION - CUSTODY :" --+ m i STIPULATION WHEREAS, the subject of this stipulation for custody is the Plaintiff's and Defendant's, child, Riley Elizabeth Nelson, born January 6, 2004; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and WHEREAS, it is in the best interest of the child that this Court decide the matter because the child has resided in Cumberland County, Pennsylvania, her entire life, it is the desire of both parents and all parties involved that the child continue to live with her Mother in Cumberland County, and the Honorable M.L. Ebert of the Cumberland County Court of Common Pleas has previously issued a custody order for this matter, thus giving this Court jurisdiction; THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. The parties will share joint legal custody of Riley Elizabeth Nelson, born January 6, 2004. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate .! the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to compl.cte and fia11 information froui any doctor; dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Mother, Sunny D. Podolak, shall have primary physical custody of the Child subject to Father's rights of partial custody which shall be arranged as follows: A. At a minimum, one (1) weekend per month selected by the mutual agreement of the parties. B. And at such other times as the parties shall agree. 3. The parties shall alternate holidays by their mutual agreement. 4. While Father resides in Congers, New York, the custody exchanges shall take place in Allentown, Lehigh. County, Pennsylvania, at a location that is determined by their mutual agreement. if a party is going to be fifteen (15) minutes or more late for the scheduled exchange time they are to contact the other party to let them know in advance. 5. Each parent shall be entitled to reasonable telephone contact with child when the child is in the custody of the other parent. 6. All communications between the parties shall be limited to issues concerning the child. 7. Both parents shall refrain from making derogatory comments about the other parent in the presence of the child and to the extent possible shall prevent third parties from making such comments in the presence of the child. 8. This stipulation may only be altered by the mutual consent of Mother and Father. 9. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to mule 1915.7. Sunny D. Podolak Date Jeffrey J. Da SEP 0 8 7010 SUNNY D. PODOLAK a/k/a : IN THE COURT OF COMMON PLEAS OF SUNNY D. NELSON, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. : No. 2006 - 563 JEFFREY J. NELSON, :CIVIL ACTION -CUSTODY c, o ~' Defendant -fl ~ ~ ~ ?~ ~~-; ~' ~ C~ , ~ CONSENT ORDER r~cc' ~,. `~ ~~ ~ ,~ rn `~ ~, AND NOW, this 8 day of S tQ~- 2010, upon consideration of th tta~d ~ Stipulation of the parties in the above-captioned matter, consisting of three pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: ~~. Dystribution: ,/~ubert X. Gilroy, Esq. (conciliator), 10 E. High Street, Carlisle, PA 17013 ./-Marlin L. Markley, Jr., Esq., 3920 Market Street, Suite 303, Camp Hill, PA 17011 ./.fef&ey Nelson, 10 Tr~evorlLake Drive, Congers, NY 10920 ~ Q/f~ SFp ~ 3 `IUIU SUNNY D. PODOLAK a/k/a IN THE COURT OF COMMON PLEAS OF SUNNY D. NELSON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION -LAW JEFFREY J. NELSON, NO. 2006-563 Defendant IN CUSTODY n -~ 3 0 --~ rn rra rn--- ORDER ~ z1 .~~ ~~ ~~ ca ~~ c~ ° x -~, AND NOW, this ~.. day of September, 2010, the Conciliator being se heo-~ _~~ ~ z-- parties have reached an agreement, the Conciliator relinquishes jurisdiction. ~~ _` .°_i .-.f t.~ D ,_~ r~ ~r -~; r Hubert X. Gilroy, Esquire Custody Conciliator ~-