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Home My WebLink About95-06791 .-si J -fl d ~l d ",0 ~ F j - cr ~ I " ' . ',: " '. '. .: 'f! 'J " ~ ~ * Cre..~1 . P. a.",-Jl~ Plaintiff V : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : NO,''I )"~(. 7rll CIVIL :CUSTODY/VISI-TATION * """'ry .o",,.,,..lf "I. 19 Defendant " ORDER OF COURT AND NOW, this f}rait'Jt f9c,r , upon consideration of the attached complaint, it is hereby directed that the JJaz;ties_and their respective counsel appear before ..... 5. S....",k. ~ the concili,ator, at - M roc ....,,, /..tr" on the '\i" day of v C\'1~M'( , 19 'If; , at . 00 P-/IIl H.., for a Prehearing Custody Conference. At such conference, . an effort will be made to resolve the issuf.'s 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 temporazy order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatozy. Failure to appear at the conference may provide grounds for entzy of a tempC!razy or permanent order. , FOR THE COURT: By: 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 /;)6.95 '~l~;'~~4~' 1;)5.95 ~~~Jif IJ.Stj) ~ ~~ 0'~i i I \ I I \ I i \ \ ! i i i I I I I i I I I I \ \ \ I , , FILED-OFFlCE OF 11-\= Pli0T1-10NOTf.R'f 95 DEe -5 (,:\11158 CU:v.BERlN:D (',oUNl'{ PEl.l~.ISYLY.Al.llA · .H] >>ill'~'~''''''''''' .._,_.....~ .__...........,>,."".._~.!w!J~ ..if,.)IU:l'," ,,~.' .........:-., .,""f . . ". ,',,' --;- .-",,: ..-".~, 1;.- . ','_ F. ,,,' ''''', .. - CRAIG P. DANELLA, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW v. . {!.~L Ju W'-. . NO. CjcF. (; 7tJI I MARY DANBLLA, I Defendant I CUSTODY ORDBR OF COURT You, Mary Danella, Defendant, have been sued in court to obtain custody, partial custody or visitation of the children David Danella and Lindsay Danellal You are ordered to appear in person at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, on , at , ___ M. for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKB THIS PAPBR TO YOUR LAWYBR AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TBLBPHONB THB OFFICB SBT FORTH BBLOW TO FIND OUT WHERE YOU CAN GET LEGAL HBLP. COURT ADMINISTRATOR 4TH FLOOR, CUMBBRLAND COUNTY COURTHOUSE ONB COURTHOUSE SQUARE CARLISLB, PA 17013 (717) 240-6200 ... . AMERICANS WITH DISABILITIES ACT 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. BY THE COURTI Datel BYI J. . . CRAIG P. DANELLA, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW v. I I NO. MARY DANELLA, I Defendant I CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Craig P, Danella, an adult individual who resides at 445 Clover Road, Etters, York County, Pennsylvania 17319. 2. The Defendant is Mary Danella, an adult individual who resides at 907 Bonny Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff seeks custody of the following children; lWm DATE OF BIRTH awl David C. Danella Lindsay M. Danella Ol/28/84 07/07/87 11 years 8 years The children are presently in the physical custody of their mother, Mary Danella, who resides at the address above. The children were born in wedlock. 4. During the past five years the children have lived with the following persons at the following addresses: a. Craig P. Danella and Mary Danella 907 Bonny Lane, Mechanicsburg, PA l7055 -. 5. The mother of the children is Mary Danella, currently residing at 907 Bonny Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. Her marital status is married but separated. 6. The father of the children is Craig P. Danella, currently residing at 445 Clover Road, Etters, York County, Pennsylvania 17319. His marital status is married but separated. 7. The relationship of the Plaintiff to the children is that of father. Plaintiff currently resides with the following persons: ~ RELATIONSHIP Scott Danella Brother 8. The relationship of the Defendant to the children is that of mother. Defendant currently resides with the following persons: ~ RELATIONSHIP David C. Danella Son Lindsay M. Danella Daughter Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of the custody proceedings of the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with the children. '",. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The Plaintiff is able and willing to provide the children with a loving and stable environment. b. The Plaintiff has been prohibited by the Defendant from participating fully in the decision making process regarding the children. c. The children would benefit from a more consistent and involved relationship with their father. 10. Each parent whose parental rights of the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff requests the Court to grant shared legal and physical custody of the children to the Plaintiff, Craig P. Danella. Res ctfully submitt By: athleen Carey Da Attorney No. 3 1029 Scenery Drive Harrisburg, PA 17109 (717) 657~4795 Attorney for Plaintiff 3 ',e",_., ;/-t;},~ ._.'. . ",,'t'f',:,'c''-':,' ,,"'';'', ~ VBRIFICATIOH Upon my personal knowledge, information, and belief, I, Craig P. Danella, hereby verify that the facts averred and statements made in the foregoing are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.e.s. section 4904 relating to unsworn falsification to authorities. Date I /~~~hs- 4 ~.~ ~ t" , . . . , , , CRAIG P. DANELLA, Plaintiff IN THE COURT OF CXX>lMOO PLEAS OF CUMBERLAND COUN'1'Y, PENNSYLVANIA vs. NO. 95-6791 CIVIL TERM MARY DANELLA, Defendant CIVIL ACTION - LAW CUSTODY aulBR Of! CXlURT AND fDf, this 2...tl day of f'~L:.,I,)23"1 upon consideration of the attached Custody Conciliation Summa~ is ordered and directed as follows: , 1996, Report, it 1. The Father, Craig P. Danella, and the Mother, Mary Danella, shall have shared legal custody of David C. Danella, born January 28, 1984, and Lindsay M. Danella, born July 7, 1987. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children as follows: A. On alternating weekends from Friday at 4:30 p.m. until Sunday at 7:00 p.m. when school is in session on the following day and until 9:00 p.m. when school is not in session the following day. B. Every Wednesday evening from 4:30 p.m. until 9:00 p.m. C. On birthdays of the Father's family menbers from 4:30 p.m. until 9:00 p.m. 4. The parties shall share custody of the Children on holidays as follows: A. Christmas - In every year, the Mother shall have custody of the Children from Christmas Eve at 3:00 p.m. until Christmas Day at 1:00 p.m. and the Father shall have custody from Christmas Day at l:oo p.m. until December 27 at 12:00 noon. B. Thanksgiving - In every year, the Mother shall have custody of the Children on Thanksgiving Day until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 9:00 p.m. C. Alternating holidays - The parties shall have custody of the Children on an alternating basis from the Friday preceding the holiday at 4:30 p.m. until the day of the holiday (or the following Monday in the case of Easter Sunday) at 8:00 p.m. on the following holidays: Martin Luther King Jr. 's birthday, President's Day, Easter, Memorial Day and Labor Day. The schedule shall begin in 1996 with the Father having custody of the Children on President's Day and Memorial Day and the Mother having custody on Easter and Labor Day. . D. Birthdays - On each Child'a birthday, the psrtiea shall each have cuatody for one-half of the Child 'a available ("non-achool") time. On each parent'a birthday, that parent ahall have cuatody of the Children frem 12:00 noon (or after achooll until 7100 p.m. E. Mother'a DaY/Father'a Day - The Mother ahall have custody of the Children on Mother'a Day in every year frem 12:00 noon until 9:00 p.m. The Father ahall have cuatody of the Children on Father'a Day in every year from 12100 noon until 9:00 p.m. 5. Each party shall have custody of the Children for up to two consecutivs weeks for au:rmer vacation each year. The parties shall providenotice to each other of the planned dates for vacation on or before May 1 of each year. The party who first provides notice of certain dates for vacation shall prevail on hia or her choice of scheduling in the event of a conflict. In 1996, the Father ahall have custody of the Children for sUlll118r vacation frem August 1 through Auguat 11. 6. The partiea agree that the Father's partial custody schedule as set forth in this Order constitutos a minimum amount of time with the Children and that additional perioda of partial custody will be arranged by mutual agreement of the parties. 7. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the custody schedule set forth in this Order by mutual agreement. In the absence of mutual agreement, the proviaions of this Order shall control. BY THE COURT, cc: Kathleen Carey Daley, Esquire Robert C. Saidis, Esquire ~~..<.. .a {shlt-,, Ji" -I~ J. .,--"" . CRAIG P. DANELLA, Plaintiff IN THE COURT OF CCtlMOO PLEAS OF : CUMBERLAND CXXlNTY, PEMlSYLVANIA . . . . vs. : NO. 95-6791 CIVIL TERM . . MARY DANELLA, Defendant ~.lud <X.6CILIATIai SlMARY RBPCRr IN AOCDUlllHCE WI'l'6 CDlBIlRLAND CXXIllY RllLB ar CIVIL PR) .... -am 1915.3-8, the undersigned Custody conciliator submits the following report: l. The relevant information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF David C. Danella Lindsay M. Danella January 28, 1984 July 7, 1987 Defendant/Mother Defendant/Mother 2. A conciliation COnference was held on January 24, 1996, with the following individuals in attendance: The Father, Craid P. Danella, with his counsel, Kathleen Carey Daley, Esquire, and the Mother, Mary Danella, with her counsel, Robert C. Saidis, Esquire. 3. The parties agreed to entry of an Order in the form as attached. I /.;2 ~/9C1 U"''h-AAu-.../f".. P. CUstody eonc1li:ior --;; Date