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HomeMy WebLinkAbout06-4932 vs. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY DAVID C. LIVINGSTON, Plaintiff GINA N. O'DONEL, Defendant 06 - '1131 COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is DAVID C. LIVINGSTON, an adult individual who currently resides at 209 South Norway Street, Mechanicsburg, PA 17055. 2. Defendant is GINA N. O'DONEL, an adult individual who currently resides at 35 West Locust Street, Mechanicsburg, PA 17055. 3. The Plaintiff and Defendant formerly resided together at 35 West Locust Street, Mechanicsburg, Pennsylvania, but were never married. 4. The parties are the natural parents of David J. Livingston, D.O.B. December 5, 2001, (hereinafter "child"). 5. Plaintiff seeks an award of primary or equally shared physical and legal custody of the child. 6. The child who is the subject of the instant custody petition resided with Plaintiff and Defendant since birth through June of 2006. 7. The father of the child is Plaintiff who resides at the address set forth above. He is not married to Defendant. - 8. The mother of the child is Defendant. She is not married to the Plaintiff. 9. The Plaintiff currently resides with his father and mother (paternal grandparents of the minor child) and has sufficient space to accommodate the needs and best interests of the minor child pending Plaintiff's location of a suitable residence. 10. The Defendant lives with another adult individual who is known as HJustin B.", a minor child, Madison Riley O'Donel, date of birth unknown, and has maintained periodic relationships with other adult individuals. 11. The minor child has lived at the following addresses in the past several years: a. 35 West Locust Street, Mechanicsburg, Pennsylvania; and b. 508 West Strawberry Alley, Mechanicsburg, pennsylvania; and c. 209 South Norway Street, Mechanicsburg, Pennsylvania. 12. Plaintiff/Father is capable of providing for the best interests of the minor child, including a home, consistent and regular supervision, love, support and welfare. 13. No current custody order exists. 14. 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. 15. An Order of Court is necessary to develop a routine 2 .. period of custody along with vacations, holiday schedules and other terms which address other important dates and transportation schedules for custodial purposes to insure the best interest of the minor child. 16. The best interest and permanent welfare of the minor child will be served by ordering that both parties share legal custody of the child and directing that Father has physical custody of the child for the following reasons: (Al Plaintiff has been extensively involved in the child's life since the child's birth; and (B) Plaintiff can provide and insure appropriate supervision for the benefit of the minor child at all times as a result of his residence and opportunity for supervision with the child's paternal grandparents; and (C) Defendant is unable to provide consistent supervision for the benefit of the minor child and Defendant has demonstrated poor and inconsistent judgment in allowing the minor child to visit and engage with adult individuals who place the minor child in risk of danger and harm; and (D) Plaintiff has as much time available to participate in the care of the child as the does the Defendant; and (E) The best interest of the child will be served by the child spending substantial periods of time with each parent. 17. Plaintiff is capable of insuring a supportive and loving environment for the child, insuring the minor child is supervised at all 3 ... times and properly caring for the child at all times. 18. 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. WHEREFORE, David C. Livingston, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff primary physical or shared custody with substantial periods of physical custody to Defendant. Respectfully submitted, Date: August ~3, 2006 ~O~ Andrew C. Sheely, Esquire Attorney for plaintiff Pa. 1.0. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 4 - VERIFICATION I verify that the statements made in this Complaint for Custody 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. Date: August Z3, 2006 ~4~ ~ av~d C. L~v~ngston 0 ...... ~ c l'5 ~ < "" "r--. ;~v: "'" ~-n R-- ,::: fl'e ~ c:> "'"I'JrTI ~ /-- \ N ::00 }=> ''.!) .r:- ::) (~ - ..., \.:-:~ < ::;i~, 0\> C> ,.~ :r>' .:",.-n ( ::;:; \,;?(~ V o<l 0 5'c~ Om ~ ...... ....9 _'-I ~.,., 1) C> ~ ~ -" .r:- ~ \ .-<C - '."" ~ ~ '"< DAVID C. LIVINGSTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4932 CIVIL ACTION LAW GINA N. O'DONEL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 30, 2006 , upon consideration of the attached Complaint, il is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, October OS, 2006 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. 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/ Melissa P. Greevy, Esq. p 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 A TTORNEY 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 170 I 3 Telephone (7 I 7) 249-3 I 66 ~ F ~ /tJ;lA/ ~ fJj() /." If;? ~ ~~ '}(lI/J ) . frt? fr-?- ~ ~-pr; 1(j,1'6 'iiNVl\lASf\ii\t3d I '''f)''r] -." .', .-'~. '''n'' 1\lJ'i' ;(,1,_, """"1 "'";-':fT~ oj 9 2 :01 fiV 1- d3S 900l I U""'. "'.' "(-"~ -'Hi :l0 ^QV..l...I.."h\i'0t";L,)C:;.j :: :j:)I~:!(J-03ll:l , ... Andrew c. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA 1D NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DAVID C. LIVINGSTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY GINA N. O'DONEL, Defendant 06 - 4932 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that a true and correct copy of the Custody Complaint and Order of Court scheduling the conciliation conference in the above-captioned matter to be served upon GINA M. O'DONEL, by Certified Mail, Return Receipt Requested, as indicated by the attached receipt cards, on September 18, 2006. ~ SWORN to and subscribed before me this~day of September, 2006. ~(Y), ~A/>~ & N ry Public My corrunission Expires: Il{Iq/O(, NOTARIAL SEAl. BECKY M.ICNISB.y, ~ PlMc ---~ ~ CIInbei"ad Co. lIyean.r.rJIJ~ ~ Hew. f8.2OOIS , . . 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. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: \ C}\. o Agent o Addressee DYes o No Gina M. O'Donel 35 West Locust Street Mechanicsburg, PA 17055 i -;,?;;.,,: Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Copy from service label 7001 2510 0000 3029 1878 PS Form 3811 , July 1999 Domestic Return Receipt 102595-00-M-0952 2 p.., c> 0 c::, "I \:....l.. :s~ V,) -----4 "T' c. ::r:..,., fT"l . . r~rl' v f11;= N -om 7)y Uj ~~~ ~i~: -0 ::'5 :J :::Ii: '~~o L ofn Z .);! :<! w :'b UI -< ...y ~ ~ OCT 1 a 2006 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4932 CIVIL TERM DAVID C. LIVINGSTON, v. CIVIL ACTION - LAW GINA N. O'DONEL, IN CUSTODY Defendant ORDER OF COURT AND NOW, this ~ day of October, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody. The parties, David C. Livingston and Gina O'Donel, shall have shared legal custody of the minor child, David J. Livingston, born December 5, 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 their health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, 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. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. Father shall have custody on Sunday, Tuesday and Thursday evenings until the following morning when the child is taken to daycare or preschool. Father's custodial time shall begin at 5:00 p.m. when he picks up the child from Mother. Once Mother returns to the work force, Father will pick up the child from the daycare provider. Mother will have custody on Monday and Wednesday until the child goes to preschool or daycare the following morning. The parties will alternate weekend periods of custody with Mother having the first custodial weekend to commence October 6, 2006 and Father having the next custodial weekend to commence October 13, 2006. Weekend periods of custody shall commence at 5:00 p.m. on Friday and continue until 5:00 p.m. on Sunday. ~--:- 0: ~ ~ c::::, .:-., -"{ ~ <:::J :.J2 ...... ~ fi? :;:t ff;;n JJf!i :-::J(4j r' ~r; ,."S -f) \:;.f) "')f1l .~J :..f} -.:: . NO. 06-4932 CIVIL TERM 3. schedule. Holidavs. The attached holiday schedule shall supersede the regular 4. Vacation. Each parent shall be entitled to seven continuous days of custody for purposes of vacation. The parties will provide each other with written notice of their intended vacation plans no later than May 1 of each year. In the event that the parties have a scheduling conflict with their vacations, the party first providing written notice shall have choice of the vacation period. Prior to departure, the parties will provide each other with a telephone number and destination where they will be during their vacation period. 5. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. BY THE COURT: Dist: ~rew C. Sheely, Esquire, 127 South Market St., P.O. Box 95, Mechanicsburg, PA 17055 .)6ina N. O'Donel, 35 West Locust Street, Mechanicsburg, PA 17055 /O\f) V , ,\) '. NO. 06-4932 CIVIL TERM HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1st Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1 st Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :284502 Plaintiff OCT 1 3 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4932 CIVIL TERM DAVID C. LIVINGSTON, v. CIVIL ACTION - LAW GINA N. O'DONEL, IN CUSTODY Defendant 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 David J. Livingston December 5,2001 Mother and Father 2. Father filed a Complaint for Custody on August 24, 2006. A Custody Conciliation Conference was scheduled for October 5, 2006. The following persons attended the Conference: the Father, David C. Livingston, and his counsel, Andrew C. Sheely, Esquire; the Mother. Gina O'Donel, participated pro se. 3. The parties reached an agreement in M of Order as attached. IOll/!)/:' uM~~ Date! Melissa Peel Greevy. Esquire Custody Conciliator ) ead:284498