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Home My WebLink About95-05353 r",;"~'>', . 'i :~~:. . ;;~ FN). ;;:,n " ,}..a'1 ex q I ~ TAMMY SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-5353 CIVIL TERM MARTIN McOONALO, Defendant CIVIL ACl'ION - LAW CUSTODY amI!R OF (XlRl' -, 2 ..\ MIl 1Df, this L - day of upon consideration of the attached Custody Conc is ordered and directed as follows: 1. The Mother, Tarnny Shaw, shall have sole legal and primary physical custody of Rebecca Kumler, born June I, 1994. 2. The Father, Martin McDonald, shall have periods of visitation (as defined by 23 Pa.C.S. ~5302) as arranged by mutual agreement of the parties. 3. The Father shall have the right to appeal this order within thirty (30) days. BY THE COURT, )J~ a-{ [ Jl;j. cc: Martin McDonald Lee E. Oesterling, Esquire ~t t/ 1- '!J I"" . J..f. .... c.....'f.......... '.. ntrf"'_Q':,"':"" r", ',.' ,< ""...1: '., . ~'7r~I~'''''''I~lJo ,- '1)//\'11 "J.'~'I ~ . , . /J ~II ^ " '. "':11 10 CU\I'i!/, " ' , '. 'i.". I ("'LI '. , '.. U \ f.;;'\:VSl/!it\'l{ dry -~_. TAMMY SHAW, Plaintiff IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-5353 CIVIL TERM MARTIN McDONALD, Defendant : CIVIL ACTION - LAW CUSTODY aJSlOOY <DiCILIATlat SlJI4I\RY RBPaft' IN A<XDUlANCB WI'1'II CUIlI!RLAND axNl'Y RULB OF CIVIL PR(n"..U 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: ~ Rebecca Kumler BIRTHDATE CURRENTLY IN CUSTOOY OF June 1, 1994 Plaintiff/Mother 2. A Conciliation Conference was held on January 4, 1996, with the following individuals in attendance: The Mother, Tarrmy Shaw, with her counsel, Lee E. Oesterling, Esquire. The Father, Martin McDonald, did not appear at the Conference. Plaintiff's counsel advised the conciliator that he had mailed a copy of the Conference Notice to the Father by regular mail which was not returned by the Post Office. 3. According to the Mother, the parties separated (having never been married) when the Mother was two months pregnant. She stated that the Father has never attempted to see the Child who is the subject of these preceedings. The Mother stated that she has no objection to the Father seeing the Child but believes he has no interest in establishing a relationship with his daughter. A Custody Agreement providing for phased-in visitation was submitted by the Mother's counsel to the Father but was never executed. According to the Mother, the Child has resided with the Mother and her fiancee, Richard Kumler, since the Child's birth on June 1, 1994. By this Petition, the Mother seeks an Order awarding her sole legal and primary physical custody with visitation rights to the Father as arranged by the parties' mutual agreement. 4. Based on the Mother's representations at the Conference, the Conciliator recommends an Order in the form as attached. ~~Url~"o/~ Dawn S. Sunday, Esqu!;e{ Custody Conciliator , Jll;>''''' (J Date 10 /99& . .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY SHAW Plaintiff. No. Cl'j. f) :~S,,, ('....:...0 T~1 v. Civil Action . Custody MARTIN McDONALD Defendant ORDER 011 COURT AND NOW, upon consideration of the attached ~Iaint. it is hereby directed that the parties and their r~sr.ictlve counsel appear before (A,"," s. ,5",.A...y (~,. . the Conciliator, on the -P:Jlhday of ~ovrrnbrr , I~ at ~.tm at '3,(\ W. Mo.';), oS'. /"If< 1..'01' .~~ PeMlylvanla, 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. at the request of either attorney or pany. be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanlnt Order. FOR TIm COURT O~.. ~ L~ f:-~. Custody Cd1l'cilialor ~~I YOU SHOULD TAKE THIS \)APERTO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVE A LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONETUEOFFICE SET FORTU BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date of Order:~ ".1- By: Cumberland County Court Administrator I Courthouse Square Carlisle. PA 17013 Telephone No. (717) 240-6200 '. Ocr 12 II 119 PH '95 .j (', 'i ',r,': .,) AH-~~ ~ /IJ ./J .~ ~ //J,/a, .95 ~ At. r /t)'/d .fJ" ~ /11~ ~ .~1VI" .' AMBRICANS WITH DISABILlTIBSACf OF 19110 The Court of Common Pleas of Cumberland County is required by law to comply with tbe Americans with Disabilities Act of 1990. For information about accessible facilltlcs and reasonable accommodations avallablc 10 disabled Individuals having business before the Court, please conlact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attcnd the scheduled conference or hcaring. . Oesterling, Esquire AlIorney 1.0.# 71320 125 Linda Drive Mechanlcsburg. PA 17055 (717) 790-0490 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY SHAW Plaintiff, No. q'j - C),";'j 'l, C:.;.Q jq",,", v. Civil Action - Custody MARTIN McDONALD Defendant COMPLAINT POR CUSTODY 1. The plaintiff is Tammy Shaw, an adult Individual, sui juris, who resides at 1024 East Lllburn Road, City of Mechanlcsburg, County of Cumberland, Commonwealth of Pennsylvania, 17055. 2. The defendant Is Martin McDonald, an adult individual, sui juris, who resides at 494 Kaiser Road, City of Trenton, County of Mercer, Slllte of New Jersey, 08619. 3. Plaintiff seeks custody of the fonowlng child: Name Present Residence Age Rebea:a Kumler 1024 n. Lisburn Rd. Mechanicaburg. PA 17055 16 mos. 4. The child was born out of wedlock. 5. The child is presently in the custody of Plaintiff. 6. During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates 1024 B. Lilburn Rd. 6-1-94 \0 present Mecltanicaburg. PA 17055 1024 B. Lilburn Rd. 6-1-94 \0 present MecltanicaburS, Pa 17055 TammY Shaw Ricbard Kumler 7. The mother of the child isTammy Shaw, who currently resides at 1024 E. Lisburn Road. Mechanicsburg, PA 17055. 8. She Is single. 9. The father of the child is Martin McDonald, who currently resides at 494 Kaiser Road, Trenton, NJ 08619. 10. He Is single. II. The relationship of plaintiff to the child is that of biological mother. 12. The plaintiff currently resides with the following persons: Name Relationship RicIwd Kumler Fiancee 13. The relationship of defendant to the child is thaI of biological falher. 14. The defendant currently resides with the following persons: Name Relationship It is believed and therefore averred that defendant lllIides with hia mother and father. IS. Plaintiff has not participated as a party or witness, or In another capacity, in olher litigation concerning the custody of the child In this or anolher court. 16. Plaintiff has no Information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 custody or visitation rights with respect to the child. 18. The best Interest and permanent welfare of the child will be served by granting the relief requested because: a. Since the birth of the child, Plaintiff has provided and continues to provide a stable living environment. b. Plaintiff has been the sole custodian and caregiver of the child since birth. c. Plaintiff has maintained a relationship with the child that has provided a sound and stable environment for the physical, intellectual, emotional and spiritual well being of the child. d. Defendant has eSlranged himself from any relationship with the child. 19. Each parent whose parental righls to the child have not been terminated and the person who has physical custody of lhe child have been named as parties to this action. All other " persons, named 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 rlghtlo intervene: Name Address Basis of Claim NONB WHBREfORE, plaintiff, Tammy Shaw. requests the court to grant custody of the child. Respectfully Submitted, HAZLB'IT &; OBSTBRLING E. Oesterling, Esquire Attorney 1.0.# 71320 125 Linda Drive Mechanicsbura, PA 17055 (717) 790-0490 Attorney for Plaintiff, Tammy Shaw .' VERIFICATION I verify that upon personal knowledge or information and belief that the statements made In this 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 unsworn falsincatlon to authorities. 1.1 TamIllY Shaw Plaintiff Date: 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY SHAW Plaintiff, No. 95-5353 v. Civil Action - Custody MARTIN McDONALD Defendant AFFIDA VIT OF SERVICE lee Oesterling, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the Verified Complaint in Custody, Notice to Defend and Concllliation Order upon Martin McDonald, defendant in the above-captioned maller, by mailing a true and correct copy of same by U.S. Certified Mall, return receipt requested, Article Number P..5'1.1 93'151.3 ,postage prepaid, on I() -/6. <}.5 to the following address: Name: Martin McDonald Address: 494 Kaiser Road Trenton, NJ 08619 OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :55: SWORN TO AND SUBSCRlDfiD BfillOKfi ME THIS J t .... 19.7.i.. DAY OF aw../~" t.J " ~~~~t~~~~i~t d '~I Nnlali.ll Sonl S Wendy J. o..6lorlino, Nolo') F'l1hlic .lVO( SpW1J,Twp, CUJ1111~rt.'nd CL1unl )' Con1mlsfmn [~pl"n ~C'/11. ';7,19(16 'UI 01. Yelln~)I\'Jn]J ASSOCIJiiciiDTUolilritS Cl ':;J .h .. .... .,"" I :.I, ,,' ;_~ ;: ~.r It. .~ ..,".J".' I" :-1 <JI .\ - ., " , I.: ;) . ~:. _~l I. J. i,..:". i,I., .). ;L 'L,.:::J .-,U tn ~. -'= .'-.j '- = '"-...J ~ _C~ .-:.-: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN/A TAMMY SHAW Plaintiff, Civil Action - Custody MARTIN McDONALD Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Tammy Shaw, an adult individual, sui juris, who resides at 1024 Lisburn Road, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, 17055. East 2. The defendant is Martin McDonald, an adult individual, sui juris, who resides at 494 Kaiser Road, City of Trenton, County of Mercer, State of New Jersey, 08619. 3. Plaintiff seeks custody of the following child: Name Rebecca Kumler Present Residence Age 1024 E. Lisburn Rd. 16 mos. Meehanicaburg, PA 17055 4. The child was born out of wedlock. 5. The child is presently in the custody of Plaintiff. 6. During the past five years, the child has resided with the following persons and at the following addresses: Person Address Dates Tammy Shaw 1024 E. Lisburn Rd. 6q-94 to present Mechanicsburg, PA 17055 Richard Kumler 1024 E. Lisburn Rd. 6-1-94 to present Mechanicsburg, Pa 17055 12. Name Richard Kumler 7. The mother of the child is Tammy Shaw, who currently resides at 1024 Mechanicsburg, PA 17055. 8. 9. Trenton, NJ 08619. 10. He is single. 11. The relationship of plaintiff to the child is that of biological mother. The plaintiff currently resides with the following persons: Relationship Fiancee E. Lisburn Road, She is single. The father of the child is Martin McDonald, who currently resides at 494 Kaiser Road, 13. The relationship of defendant to the child is that of biological father. 14. The defendant currently resides with the following persons: Name Relationship It is believed and therefore averred that defendant resides with his mother and father. 15. 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. 16. Plaintiffhas no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because: ao Since the birth of the child, Plaintiff has provided and continues to provide a stable living environment. bo Plaintiff has been the sole custodian and caregiver of the child since birth. do Plaintiff has maintained a relationship with the child that has provided a sound and stable environment for the physical, intellectual, emotional and spiritual well being of the child. Defendant has estranged himself from any relationship with the child. 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. All other persons, named 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 WHEREFORE, plaintiff, Tammy Shaw, requests the court to grant custody of the child. Respectfully Submitted, HAZLETr & OF. STERLING /Lee . sterling, Esquire / Attorney I.D.//71320 125 Linda Drive Mechanicsburg, PA 17055 (717) 790-0490 Attorney for Plaintiff, Tammy Shaw .VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this 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 unsworn falsification to authorities. Date: ds/Tammv Shaw Plaintiff rney for Plaintiff 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY SHAW Plaintiff, MARTIN McDONALD Defendant No._ 95-5353 Civil Action - Custody AFFIDAVIT OF SERVICE Lee Oesterling, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the Verified Complaint in Custody, Notice to Defend and Concilliation Order upon Martin McDonald, defendant: in the above-captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number P,~9',.5 ct3 q, ff/,3 , postage prepaid, on /0 -/6 - ~ to the following address: Name: Martin McDonald Address: 494 Kaiser Road Trenton, NJ 08619 fOMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SWORN TO AND SUBSCRIBEDBEFORE ME THIS /g DAY OF ~d;-6O 19.Z~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY SHAW Plaintiff, MARTIN McDONALD Defendant : No. qs- 5 5.3 Civil Action - Custody ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~flo~,~ s. 5~.~,i.0.), c--~ , the C°nciliat°r, °n th. e --~f/Xlay°f /xl ° cringer- , 19q_~, at a~.'~'4t.m at 'gq' f~,~. ,S~. t'n~.~'~,ak..% Pennsylvania, for a Pre-Hearing-'-Cust;dy C-~)nference--~ A-~ suc---~ 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, at the request of either attorney or part},,, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT Date of Order: 'l O-,~ n-.~ By:_ Custody C4~'ciliator 'p~,/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONETHEOFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 1 Courthouse Square Carlisle, PA 17013 Telephone No. (717) 240-621X) AMERICANS WITH DISABILITIESACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. ~ :'Oesterl~-nng, Esquire Attorney I.D.//71320 125 Linda Drive Mechanicsburg, PA 17055 (717) 790-0490 Attorney for Plaintiff TAMMy SHAW, Plaintiff vs. MARTIN McDONALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5353 CIVIL TERM CIVIL ACTION - LAW CUSTODY of C-~r upon consideration of the-attached Custody Con~lli ' , 1996, is ordered and directed as follows: t, it 1. The Mother, Tammy Shaw, shall have sole legal and primary physical custody of Rebecca Kumler, born June 1, 1994. 2. The Father, Martin McDonald, shall have periods of visitation (as defined by 23 Pa.C.S. §5302) as arranged by mutual agreement of the parties. 3. The Father shall have the right to appeal this Order within thirty (30) days. BY THE COURT, cc: Martin McDonald Lee E. Oesterling, Esquire TAMMY SHAW, Plaintiff vs. MARTIN McDONALD, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-5353 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY CU~iu~Y CG~CILIATIC~ fKI~Ry I~EPO~T IN AC~ WIT[{ (~ (~ RULE OF CIVIL 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME Rebecca Kumler 2. A Conciliation BIRTHDATE CURRENTLY IN CUSTODy OF June 1, 1994 Plaintiff/Mother Conference was held on January 4, 1996, with the following individuals in attendance: The Mother, Ta~ Shaw, with her counsel, Lee E. Oesterling, Esquire. The Father, Martin McDonald, did not appear at the Conference. Plaintiff's counsel advised the Conciliator that he had mailed a copy of the Conference Notice to the Father by regular mail which was not returned by the Post Office. 3. According to the Mother, the parties separated (having never been married) when the Mother was two months pregnant. She stated that the Father has never attempted to see the Child who is the subject of these preceedings. The Mother stated that she has no objection to the Father seeing the Child but believes he has no interest in establishing a relationship with his daughter. A Custody Agreement providing for phased-in visitation was submitted by the Mother's counsel to the Father but was never executed. According to the Mother, the Child has resided with the Mother and her fiancee, Richard Kumler, since the Child's birth on June 1, 1994. By this Petition, the Mother seeks an Order awarding her sole legal and primary physical custody with visitation rights to the Father as arranged by the parties' mutual agreement. 4. Based on the Mother's representations at the Conference, Conciliator recommends an Order in the form as attached. Date~ J~ /O. ~ Dawn S. Sunday, Esquire! Custody Conciliator the