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HomeMy WebLinkAbout02-1489OWEN G. YUDA Vs, APRIL D. ROSE Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002- ~ L{%C~ CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Owen G. Yuda, an adult individual, currently residing at 707 Hanover Manor, Apt. D 204, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is April D. Rose, an adult individual, currently residing at 145 South West Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Kayla Marie Yuda, age 11 months, born April 18, 2001. The child was born out of wedlock. The child is presently in the custody of the Father, Owen G. Yuda. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) Manor apartment. From birth to February, 2002 with both parents at the Hanover (b) From February to the present with the Father. The relationship of the Plaintiff to the child is that of natural father. The relationship of the Defendant to child is that of natural mother. 6. The parties have not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by grant'ing the relief requested because: (a) The Father has been an active participant in raising his daughter. (b) The Mother has indicated a willingness to permit the Father to have primary physical custody of the child. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff requests your Honorable Court to: A) grant primary physical custody of the child to the Father with visitation times with the Mother. B) grant such other relief as is just and in the best interest of the child. Respectfully submitted, Date: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dirlclientslyudalyuda.cus I verify that the statements made in the foregoing Complaint for 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. DATE: O we~.~. Yuda OWEN G. YUDA PLAINTIFF APRIL D. ROSE DEFENDANT O'BRIEN, BARIC&SCHERER 17WE~T SOUTH STREET CARLISLE, PENN3YLVANY~17013 MAR 2 8 OOZ IN TI IE CO/JRI' OF COMMON PLEAS OF CI I M BERLAND COl JNTY, PENNSYI~VANIA 02-1489 CIVIL ACI'ION LAW : INC[ SIOD'~ ORDER OF COURT II AND NOW, Tuesday, April 02, 2002 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. _, thc conciliator. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 02, 2002 at 10:30 AM lbr a Pre-Hearing Custody Conference. At sach con[~'rencc, an cflbrt will be made to resolve the issues in dispute; or if this cannot bc accomplished, to define and narrow thc 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 thc conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent orduT. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the concilialor 48 huurs prior to scheduled hearing. FOR THE CO/JRT, By: /s/ Jacq. ueline M. Verney. Esq.? Cuslody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans xvith Disabilites Act of 1990. For information abouI accessible facilities and reasonable accommodations available to disabled individuals having business beibre 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 &ITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 lYlAY 0 ? 2007 OWEN G. YUDA, Plaintiff V. APRIL D. ROSE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1489 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 8'~ day of r3ao.~ ,2002, upon consideration of the attached Custody Conciliation R6port, it is ordered and directed as follows: 1. The Father, Owen G. Yuda, and the Mother, April D. Rose, shall have shared legal custody of Kayla Marie Yuda, bom April 18, 2001. 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. 2. Father shall have primary physical custody of the child. 3. Mother shall have the following periods of partial physical custody: A. Beginning Sunday, May 5, 2002 and continuing for four (4) consecutive Sundays, from 12:30 p.m. to 4:30 p.m. B. If Kayla has adjusted to the four-hour periods, then weekly eight (8) hour periods of partial physical custody shall be scheduled. C. Such other times as the parties agree. 4. Transportation shall be shared such that the receiving party shall provide transportation, unless otherwise agreed by the parties. 5. Neither party shall consume alcohol or illegal drugs while the child is in their presence nor permit any third party to consume alcohol or illegal drugs in the Child's presence. 6. 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. Either party may contact the Conciliator to schedule another conference. BY THE COURT, / cc: Robert L. O'Brien, Esquire, Counsel for Father/ April D. Rose, pro se 145 South West Street Carlisle, PA 17013 OWEN G. YUDA, Plaintiff V. APRIL D. ROSE, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-1489 CIVIL TERM : : 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 conceming the Child who is the subject of this litigation is as follows: NAME Kayla Marie Yuda DATE OF BIRTH CURRENTLY IN CUSTODY OF April 18, 2001 Father 2. A Conciliation Conference was held in this matter on May 3, 2002, with the following individuals in attendance: The Father, Owen G. Yuda, with his counsel, Robert L. O'Brien, Esquire and the Mother, April D. Rose, pro se. 3. The parties agreed to entry of an Order in the form as attached. Date J~cqu~tine M. Vemey, Esquire Custody Conciliator