HomeMy WebLinkAbout96-03266
....
,
,
..
:t
~
~
\"
.0
j
.tJ
...
~
"
,
"
\
//
/
....,
"
~
.
~
0-
~
.
CHRISTOPHER K. DZIEWIOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
KAREN ANN HYDE, a/k/a
KAREN ANNE MORGAN,
Defendant
NO. 96-3266 CIVIL TERM
ORDER OF COURT
AND NOW, this II~ day of June, 1996, upon consideration of
Plaintiff's Emergency Petition for Custody, it is ordered and
directed that pending the custody conciliation conference Plaintiff
shall have physical custody each week of Xylla Zea Dziewior from
Sunday at 7:00 p.m. until Friday at 7:00 p.m. and Defendant shall
have physical custody of the child from Friday at 7:00 p.m. until
Sunday at 7:00 p.m.
LEGAL custody of the child shall be shared by the parties.
BY THE COURT,
Paige MaCdonald-Matthes, Esq.
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Attorney for Plaintiff
Karen Anne Hyde a/k/a
Karen Anne Morgan
205 East Lincoln Highway
Apartment 5
Oxford and Grant Apartments
Penndel, PA 19045
Defendant
:rc
"'I\I,.,t~""t"i.1d
'p.:, 1\1,'...1., : ."'_~,",
- "" ." .., ",'
,"', .. .
.' .1
. \ 1\"'" ('l':',
6'. 'G "':' I hlll)J
w' I"
"U'11C:';' j,!\;' il ,~i1. :0
3:)L!~O'1l31;;\
~ "I I~
P c
'l .. ,.
&~i ,.;J' ~ ;i..~
-. J.:"
,'.
t-.. .J~..
~n I ~"J
c' 0 '\..,
_J I~_ - ..,',rJ
ft!'1 I '~
:=-. i .~"
{! F-: ~,J ~!j[e
lis )
In ;;-.
lJ'. ,.1
U
...
Co
"
U
~
U
...
t:
"
U
'0
"
'"
...
.5
'"'E
... 0
.0 u
" ~
-....
'" 0
;S'O
...
~c
t:~
~ .~
......~J
.0 ...
... 0
... u
~5
.- ....
o
/4
>.J
_} -.9
'-J~
....J ~
J~
-' 2
\J .,1
.;do.
N
~~
~ l
~i
CI
d ...
a: 1:
Iflii~
Bj:~
il!1Il~
~ii
"~f
~ III .
S .C!l
aza:
z~5
_ III
Z if
~ ~
Ii
!:'
E.
...
..9
\7
e
.9
;;:.
. CUNNINGHAM &. CHERNICOFf. P.C. '
JUN 1 0 19gef)J-'
4. The child has been diagnosed as having Attention
Deficient-Hyperactivity Disorder (ADHD) and has also been
determined to h~ve ~n LQ. of sixty eight (68), which
c~tegorizes the child ~s mentally challenged.
5. At the time of Xylla's birth, Mother and Father were
married to each other and living in an apartment in
Newportville, Pennsylvania.
6. Father and Mother sep~r~ted on or ~bout May, 1990
and were divorced on or about May, 1992.
7. The child has been residing with Petitioner since
1991 and Petitioner has had "primary physical custody" by way
of a formal agreement between the parties executed on November
25, 1995. A copy of the parties' agreement is attached hereto
and is marked as Exhibit "A".
8. On June 10, 1996, Petitioner filed a Complaint for
Custody in the Court of Common Pleas of Cumberland County.
9. During the five (5) years that the child has been
living with Petitioner, Respondent has had very infrequent
2
12. Peti tioner fears for the safety of the subj ect child
in that Respondent has historically demonstrated a propsnsity
for providing less than appropriate care for the child while
the child is in her temporary custody for visitation,
especially when the Respondent is well aware of the child's
special needs and limitations. For example, Respondent has
demonstrated inappropriate care for the child on two (2) very
recent periods of visitation with the child ~s follows:
a. During the blizzard in January, 1996, Respondent
placed the child on the wrong Amtrak train in attempting to
return the child to petitioner after a weekend visit. As a
consequence of the child being placed on the wrong train, the
child wound up at Penn station, New York city, rather than
Harrisburg, Pennsylvania. petitioner had to arrange with
Amtrak to get the child on a train back to Philadelphia, and
when the child arrived in Philadelphia, Respondent refueed to
pick the child up from the train station and told her to "take
a cab" to her apartment. Three (3) hours later, the child
finally arrived at Respondent's apartment.
b. Based upon information and admissions provided
by Respondent to Petitioner, Petitioner believes and therefore
4
avers that Respondent is having an extra-marital affair. The
child has informed Petitioner that Respondent has taken the
child along with her to meet her lover at various locations
when the child has come to Respondent's home for visit~tion.
Respondent has allegedly repeatedly told the child that she is
not to tell Respondent's current husband where they go, nor
tell Petitioner what is going on.
13. Petitioner believes and therefore ~vers that the
best interests of the child shall be served by granted
immedi~te custody of the child to Petitioner in that:
a. Respondent has threatened and admitted her
intentions to remove the child from Cumberland County where
she has lived for five (5) years without any warning or
notification or consent from Petitioner I
b. the child will be removed from the immediate
danger and harm, and threat of said danger and harm with
Respondent I
c. Petitioner has had a long and consistent
custodial relationship with said child and the child views
Petitioner as a source of love, stability and support I ~nd
5
d. The child is currently enrolled in special
education programs to help promote her academic career in the
East Pennsboro School District and these programs have
dramatically improved the child's academic progress and any
disruptinn of the same will be to the child's detriment.
WHEREFORE,
petitioner respectfully requests your
Honorable Court to grant immediate custody of the child, xylla
Zea Dziewior to Petitioner, with Respondent having supervised
visitation in Cumberland County pending the regular custody
conciliation procedure.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, p.e.
Date: ~ 10. 1996
.---: ^""
BVT:...-"~ iU~\.J.tv'^ f\d~ }n'ltl"hD~
Paige Macdonald-Matthes, Esquire
I. D. 1/66266
2320 North second street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorneys for Petitioner)
6
This agreement is to certify that Xylia Zea Dziewior,
birthdate 8/23/81, is currently living with her father,
Christopher K. Dziewior, and has been sbice the
SUDlDler of 1991. Visitation with her mother, Karen
Anne Morgan Dziewior Hyde, or her mother's family, is
unlimited as long as arrangements are pre-arranged and
agreed upon by both parents and Xylia. Any and all
a~rangements agreed upon prior to Xylia's visitations
shall be unchanged unless Cnristopher is contacted and
agrees to any changes wanted. Fallure to abide by this
agreement will necessitate the mother to obtain court
ordered and monitored visitation.
This contract was drafted by Christopher, and as such,
serves as his agreement to its contents. The notarized
signature of Karen Hyde below is made wUlingly and
without force and serves as notice of her agreement to
this contract and its contents.
This contract was deemed necessary due to Christopher
having to make his own arrangements in order to have
Xylia returned to her home after being sent for a
visitation with her mother even though arrangements
had been agreed upon prior to the visit.
/fMW U1t,lU. ~.llr~
Karen Ann Hyde ~.
Comm. 01 Pennsylvania 155.
County 01 B.U~C~~sc~1 belore
Sworn j~~y Notarial 5..1 Public
This --p- John J. T~on. NB'~~~ counlV
Bensalem wl~plres Aug. '2. 1998
M'r'commIS~lon JOr\otf'~
"~I~df"'Aa6QO.1 .
~ ,,.~ r';"'~
) /- c:QS- 9~
Date
* c..hn$~"tJrheX"
1<. D z. I ~1.'0 i tlsN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:CIVIL ACTION - LAW
\ : q to - 3d.1.L.
A-nne. \-k1de.. Q/4c; :NO. CIVIL
Defendant :CUSTODY/VISXTATION
AnYle.. l'Yl(;WfI n
\-.....J ORDER OF CODR1'
AND NOW, this /5' (date) 'Ju I'-.L-, upon consideration of the
attached compla~nt, it is-hereby directed that the parties and
their respective counsel appear before f
the conciliatf,r, at -
on the /6f I day of .m
M., for a Prehearing Cust dy Conference. At such conference,
an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to be
heard 'by the court, and to enter into a temporazy order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temp~rary or peJ:manent order.
V
* ~C\~eN1
KC\y< Vl
19
-,
FOR THE COURT:
. - f) "Bi::::..
By: fYUt.JJ(1lj, A-,~ ,. ~~ .
Custody Concil1af"r ' U
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
FllED-Oi'RCE
O~ -, II. P . ,.-,-.., Ir,I t......TA,..,'{
I" I," j", ",1',.'1
95 .111:119 [':1 8: 1,5
CL"" . .
,',-- -,',
hd .,~. .-. .", -', .11
P~i\i\S'-f L\~:~<II \
ir. 0\ .,..
t1 LI. I'
" P
2."
('1 f3::'i
~. - 0'.
I" Zi: q~
fj .",
fl!$ -., ;~g
. , t~P2
:;.;
~ ,-r) a
c..
r
di
~
Vi
~
~
'/)))1-"'1/ t'n-l'r) "'lJ}}\Jf'!
~.b-bl -,
}~
....... ~
~ 0-
l\j
~~
~Q!..
o
U ..
a: 1:
If ~
il~ 01
:CZZ I
(Jom
"li3D. !:"
:ll1Ilci' ..
oll:za: t:.
B~;:)
!i III
Z -
~ a:
(J ~
...
Clo
o
u
tl
u
t:
o
u
'0
o
"
u
:>
::: .
"'E
oj 0
.c ~
o w
-.
'" 0
:E'O
- U
ciE
.2 -
u ~
u ._
>..~
.r. w
u 0
ti 1J
.c5
- .
o
w
.s
...
'"
E
s
1:(
.
CUNNINGHAM'''' CHERNICOFF, P.c.
CHRISTOPHER K. DZIEWIOR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAtIIA
NO. 9t.- :-1.;)(..1:,
v.
KAREN ANNE HYDE, a/k/a
KAREN ANNE MORGAN,
Defendant
.
.
CIVIL ACTION - Custody
ORDER OF COUR'l'
AND NOW, this day of , 1996, upon
consideration of the attaChed Complaint, it is hereby directed
that the ~~rties ~nd their respective counsel appear before _
Mi, \tv., Q. J:b nC\", I f2;;tJ, the ConcH iator, on the day of
\~ f9~6, at .m., in the Cumberland County
Courthouse, Carlisle, Pennsylvania, 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. Either party
may bring the child who is the subject of this custody action
to 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:
~'
o
By:
custody Conciliator
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
FINO OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
CUmberland County Courthouse, 4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone: (717) 240-6200
CHRISTOPHER K. DZIEWIOR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
KAREN ANNE HYDE, a/k/a
KAREN ANNE MORGAN,
Defendant
CIVIL ACTION - custody
NOTICE
TO THE DEFENDANT NAMED HEREIN:
You have been sued in Court. If you wish to defend
against the claims set forth in the following pages, you must
take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed
without you, and a judgment may be entered against you by the
Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the
plaintiff. You may lose money or property or other rights
important to you.
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 COURT ADMINISTRATOR
Cumberland County Courthouse, 4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone: (717) 240-6200
NOTICIA
La han damandado a ustad en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginaw
diguientes, usted tiene viente (20) dias de plazo al partir de
la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y
archivar en la corte en forma escrita sus defensas 0 sus
objeciones alas demandas en contra de su persona. Sea
avidaso que si usted no se defiende, la cortG tomara medidas
y puede entrar una orden contra usted sin previo aviso 0
notificacion y por cualquier queja 0 alivio que es pedido en
la peticion de demanda. Usted puede parder dinero 0 BUS
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 81 NO
TINE ABOGADO 0 81 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE
SE PUEDE CON8EGUIR ASI8TENCIA LEGAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland County Courthouse, 4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone: (717) 240-6200
Respectfully sUbmitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: __~..II~\q0
BY~l=\."~~~~
Paige Macdonald-Matthes, Esquire
r. D. #66266
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
2
the child has lived for five (5) years without any warning,
notification or consent from Petitioner I
b. the child will be removed from the immediate
danger and harm, and threat of said danger and harm with
Respondent I
c. Petitioner has had a long and consistent
custodial relationship with said child and the child views
Petitioner as a source of love, stability and support I and
d. The child is currently enrolled in special
education programs to help promote her academic career in the
East Pennsboro School District and these programs have
dramatically improved the child's academic progress and any
disruption of the same will be to the child's detriment.
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 have been given
notice of the pendency of this action and the right to
intervene: None.
5
This agreement is to certify that Xylia Zea Dziewior,
birthdate 8/23/81, is currently living with her father,
Christopher K. Dziewior, and has been sbice the
SUDlDler of 1991. Visitation with her mother, Karen
Anne Morgan Dziewior Hyde, or her mother's family, is
unlimited as long as arrangements are pre-arranged and
agreed upon by both parents and Xylia. Any and all
arrangements agreed upon prior to Xylia's visitations
shall be unchanged unless Cnristopher is contacted and
agrees to any changes wanted. Failure to abide by this
agreement will necessitate the mother to obtain court
ordered and monitored visitation.
This contract was drafted by Christopher, and as such,
serves as his agreement to its contents. The notarized
signature of Karen Hyde below is made wUlingly and
without force and serves as notice of her agreement to
this contract and its contents.
. This contract was deemed necessary due to Christopher
having to make his own arrangements in order to have
Xylia returned to her home after being sent for a
visitation with her mother even though arrangements
had been agreed upon prior to the visit.
/fMW a'l'viD, IUIr~
Karen Ann Hyde V
Comm. 01 Pennsylvania 155.
County 01 Bucks ~belore
Sworn J. ar)ll ~scn Not.r,aIS'" Public
This -71" - y John J. Tryon. NB'~~~ counlV
. /'t- een..'e'l' TWl~plre5 Aug. t 2. t 998
My Commission 1lOllol Nolal\lll
"ems,......""""'" .
~ i.)1.
) /- c:QS- 9~
Date
VIlRIrICATION
I, CHRISTOPHER K. DZIEWIOR, verify that the statements
made in the foregoing Custody Complaint 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.A. ~4904, relating to unsworn
falsification to authorities.
.~ ((
CHRISTO HER K. DZIEW
Date:
r,/(O/7b
, ,
~HRISTOPHER K. DZIEWIOR,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 3266 CIVIL TERM
v.
KAREN ANNE HYDE, a/k/a
KAREN ANNE MORGAN,
Defendant
CIVIL ACTION - custody
PROOF OF SERVICE
I, paige Macdonald-Matthes, Esquire, do hereby certify
that a true and correct copy of the Emergency Petition for
Custody in the above captioned matter was served on Defendant,
Karen Anne Hyde a/k/a Karen Anne Morgan, by First Class,
certified, Restricted Delivery Mail, postage prepaid, on June
21, 1996. The receipt card is attached hereto.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: Julv 9. 1996
-.,,---.
By: ,_,,-\ L\'f\(\rN~LJA... J 1 1
paige acdonald-Matthes, Esquire
1.D. #66266
2320 North Second Street
P.O. BOlC 60457
Harrisburg, PA 17106-0457
(717) 238-6570
(Attorneys for Plaintiff)
.,-, ~---~'~-''''--'~--''''.~'~---~''''-''''''''''''''-''''--'''''
+
I aJao wtall to rocelv.1ho
following MMC" (lot an
axtra'M):
1. a Addr.u.... Add"u
2. P(R..trlcIod O.lIvory
ConauII poatmutar lot 'M.
.
r
/
i
)
(
I
(
(
\;4
'0- r-.
c,: lr.,
I~' ..
Il,l'~ ('J .).--
,
ftj, : - ~<
o. '.:;2
~('
~r, "I .. ' ~~ '-J
- I,'
j""-~
---I '.1',1
I:::: :::; U.ln..
-:
II. '0 :j
0 c, U
~
CHRISTOPHER K. DZIEWIOR,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 3266 CIVIL TERM
KAREN ANNE HYDE, a/k/a
KAREN ANNE MORGAN,
Defendant
CIVIL ACTION - custody
PROOF OF SERVICE
I, Paige Macdonald-Matthes, Esquire, do hereby certify
that a true and correct copy of the Complaint for custody in
the above captioned matter was served on Defendant, Karen Anne
Hyde a/k/a Karen Anne Morgan, by First Class, certified,
Restrictsd Delivery Mail, postage prepaid, on July 1, 1996.
The receipt card is attached hereto.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Date: Julv 9. 1996 BY~a~';ra~'dI;;:~r~~~~t~;~~-)E~qUire
1.0. #66266
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570
....._~._-~~_...m~.~~...~..-,..(~HRr~~Y.f,I..,!~:"..~!~.~nt~~f) .... ",
J .
: .CompIII.1Iimo , _1I...dd'_ _, I a1ao willi to recalvolh.
.l:ompIlI."- 3. 4.. ond 4b. following ..Ntet. (lor an
.PM!)'OW f\IIM Ind 1ddrM, on 1M rwytrMofttWt fonn 10 IhIIWI can I'Itwn IN, extra f..):
Clldlo u. ,
. ....od1..r.1'.:lonnlOtholn>nlolthomallploco.oronthobodchP..._not 1.0 Add"......AddJ.. j.
: I .=lR.....R-.j>tRoq_onthollllllplocobolo..thoOl1ldl_. 2 ItIIR....~-~ ....llvo
. ti .1lIoRIlumR_ptlil._,.whom......Id.....dollYMdondthodal. .,... """.,..,.. ry .
& _. Conault poalmut.r lor I... I.
f t. MleI. Add".Hd to: '. - 41. . u r
(~re.I' A\'1t\(lIi,\d~I"-. ' :z . 38h d.-13 :
... . " _ 4 . S. CI .
~ ~V\ Y+\'lI\e Hlo'.!J'tll; I':.' lJ R.gl.,.red IlLclrUnld j:
;:v!iS' cnst L\,'Coll1 I~~ IWCAY lJ Exp"..Mall lJ InlUred I,
tln.l.('--\.VY\.O 11+ s: .1. [J RaIum~forMarcllan(lI. CI COD ..:
O;(~rcl G\~'" 6Vbvtt l4{l:lr"'H'i'lU, . "0 .Ivlry .. :
(,
J
I
I
)
)
.. .\
..'"
;1; \[)
j'"' t.,
..
1,1.I!' '.....,:
l ,. ;
r"
>. .'
t.,l .. ,-
ll)t. '::-':i
L.."r ~'J /F"i
Lt.l.j
[/.. *:',
- . , II"J
,. . , )1..
,. "".I
U I
(~'I p~)
.
I
)
J
)
j
~~
~
~
~
j
'~
~
~
(/) 2
o ~
~~ U
.J~E~
~ ~ i ~
~~ d
~ ~
'.
'AVO n 7.."r!~~ff
CHRISTOPHER K. DZIEWIOR,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-3266 CIVIL TERM
vs.
KAREN ANN HYDE, a/k/a
KAREN ANN MORGAN,
Defandant
JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr.
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1916.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the chlld(renl who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Xylia Zea Dziewior
23 August 1981
Plaintiff
2. A Conciliation Conference was held on 26 July 1996, end the folloWing
Individuals were present: the Plaintiff and his attorney, Paige Macdonald-Matthes,
Esquire; the Defendant appeared with her attorney, Carol J. Lindsay, Esquire.
3. Items resolved by agreament: None.
4. Issues yet to be resolved: An ultlmete custody schedule.
1
5. The Plaintiff's position on custody is as followa: Plaintiff indicated that
there should not be e change In the existing custody schedule baceuse the child has
resided primarily with him since 1991. The child is fifteen (15) years old and
learning disabled. Apparently, she has Eome special programs at school and
assistance through the school district to help her with her problams. Father reports
that the child Is doing well academically snd socially, and that she should not
change from the existing living environment. Father also notes that because of the
child's mentsl condition, she is easily persuaded and he feels that If she has
Indicated to her Mother that she wants to come live with her, it Is because the
Mother has put undue pressure on her to make those statements.
6. The Defendant's position on custody is as follows: The Defendant was
not at the conciliation because of car troubles. She currently lives in Philadalphla.
Defendant's counsel indlcatlld that the Defendant requests that the child live with
her primarily because the child has expressed a desire to do so.
7. Need for separate counsel to represent child: None requested.
8. Need for Independent psychological evaluetion or counseling: Neither
party requested.
9. A hearing in this matter is expected to take one-half day.
10. Other matters and comments: This is a case involving a fifteen year old
child that has a learning disability and apparently may even be mentally retarded.
2
.
CHRISTOPHER K. DZIEWIOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
I
I
I
I
I
I
I
I
NO. 96-3266 CIVIL TERM
v.
KAREN ANN HYDE, a/k/a
KAREN ANNE MORGAN,
Defendant
ORDER OF COURT
AND NOW, this \l~day of November, 1996, upon consideration
of the attached letter from Plaintiff's counsel, Paige Macdonald-
Matthes, Esq., indicating that the parties have reached an
agreement in the above-captioned custody matter, the hearing
scheduled for November 15, 1996, at 1:30 p.m. is CANCELLED.
BY THE COURT,
Paige Macdonald-Matthes, Esq.
2320 North Second Street
P.O. Box 60457
HarriSburg, PA 17106-0457
Attorney for Plaintiff
"In/lib.
,j fJ,
Carol J. Lindsay, Esq.
11 East High Street
Carlisle, PA 17013
Attorney for Defendant
.... ~>-~
Ire
1_,1 FI')-O::"I'~
,'... .;1 rh..~
C? -;' ,~ ," "\r' ",,<, !()Tl.;.';Y
C'~ 1'('" I" ,.. n. 'J(,
.!~) J j~,l DI {O
(,1.;;,;> ". ;. .~ i' , rt'{
rU" 'jr/.~~ I
.~
,....
~~
1-
n
~ -
ij; ... n
('oj
~~ .. ",.
. J ..:..
- (j~. ,
~~t -
~ () ~"'l
1./ n;~i
~~ <7' ;dij
. It'-
a' li.1ril
It.~ \.01 nH.l... ~
l.l- C1
@ ~. ,...
C1' Q.
'F
o
cj ..
a.: ~
tfHi;S
~!:~
~Ul~
WCUl
:z:zz
uOffi
oIlfda.,
::I Ul .
~ . Cl
"za:
z~iil
_ Ul
z -
z a:
::J ~
U :z:
II
F:'
..
l:::.
'"
c.
0
u
~
u
u
t:
0
U
'0
"
"
u
2
~ .0
" ~
u 0
.c u
u
0 ~
~...
... 0
;g '0
u
~iE
'5 ~ ~
u ._
Cll ..9
'" .C
'fl 0 ;.,
OJ
~ e
u OJ
"'oS 0
- ... ~ ,
. 0 -
CUNNINGHAM & C~IERNICOFF. P.C.
.
I Ii fiV
.
.
CHRISTOPHER K. DZIEWIOR, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v.
NO. 96 - 3266 CIVIL TERM
CIVIL ACTION - Custody
KAREN ANNE HYDE, a/k/a
KAREN ANNE MORGAN,
Defendant
ORDER
AND NOW, this ~ day of
parties having agreed to the entry
l::el..,,,,~ 7
of an Order of
, 1997, the
custody, as
provided in the attached Visitation and Custody Agreement, it
is hereby ORDERED and DECREED that custody and visitation of
the minor child, Xylla Zea Dziewior, shall be as follows:
1.
CUSTODY OF MINOR CHILD:
FATHER and MOTHER agree
that they shall have shared legal custody of the parties I
minor child, Xylla Zea Dziewior, in terms of decision making
powers regarding the health, education and welfare of the
child. FATHER and MOTHER agree that FATHER shall have primary
physical custody of the parties I minor child, Xylla Zea
DZ1.ewior, while MOTHER shall have partial physical custody of
Xylla Zea Dziewior for the purposes of effecting reasonable
rights of visitation.
2 . MOTHER I S RIGHTS OF PARTIAL CUSTODY I MOTHER shall be
entitled to reasonable rights of visitation and partial
custody of Xylla Zea Dziewicr at such times as are reasonable
and convenient to the parties. If the parties are unable to
agree, MOTHER shall have the following rights of visitation
and partial custody:
A. Two (2) weekends during each month
provided that the weekend visitation does not
interfere with previously scheduled special events.
Weekend visitation shall commence on Friday at 7:00
p.m. and shall conclude on Sunday evening at 7:00
p.m. prevailing time. MOTHER shall provide notice
to FATHER, in advance of her weekend visitation, of
housing arrangements and provide FATHER with a
phone number of where she and the child can be
reached.
B. Alternating holidays, consisting of Martin
Luther King Day, Easter, Memorial Day, Columbus
Day, Independence Day, and Labor Day, from no later
than 7:00 p.m. of the prior day until 8:00 p.m. of
the holiday;
2
C. The Christmas holiday shall be split as
tollows I FATHER shall have the minor ohild trom
2100 p.m. Christmas Eve through 2100 p.m. Christmas
Day. MOTHER shall have the minor ohild trom 2100
p.m. Christmas Day through 2:00 p.m. Deoember 26.
The balance of the ohild's Christmas vaoation shall
be divided between the parties.
D. Thanksgiving shall be alternated with
FATHER having even number years and MOTHER having
odd numbered years.
E. Mother's Day with MOTHER;
F. Father's Day with FATHER;
G. The term "holiday" means the day itself
and overrides any soheduled weekend visitations for
the day on whioh the holiday is celebrated;
H. Two (2) full weeks during the summer
vacation provided that MOTHER gives notice in
wri ting to FATHER as to which two (2) weeks she
desires, on or before May 1 of each year and
provided that the summer vacation does not occur
during the second week of August when the child
shall be with FATHER for the purpose of attending
the annual family reunion and provided that
3
MOTHER's summer vaoation is not scheduled during
such times as the child is scheduled for band campI
I. The parties aoknowledge that changes to
this schedule may be necessary to accommodate the
child's special requeets or in the event the child
should obtain part time employment I and
J. Such other times as the parties may
hereinafter agree.
3. TRANSPORTATION: FATHER and MOTHER agree that
transportation costs and/or mileage will be shared equally
between the parties provided neither party significantly
increases the distance between the parties' respective homes.
In the event that either party increases the distance between
the parties' residences by more than twenty five (25) miles,
the ~arty responsible for increasing the distance shall be
responsible for the additional transportation costs and/or
mileage.
4. HARASSMENT OR INTERFERENCE: The parties further
agree that they will not utilize their respective rights of
custody and visitation in order to harass or interfere with
the other's right to live and remain separate and apart from
4
each other. The parties also agree that visitation shall not
be altered because of disciplinary actions provided that both
parties honor and continue the discipline action which has
been started in the other party's home. In the event that
either party utilizes custody or visitation rights to harass
or interfere as hereinabove described, the parties expressly
agree that, in addition to all other legal and equitable
remedies available to them, they may make immediate
application with the Court of appropriate jurisdiction to
pursue appropriate jUdicial remedies for said harassment or
interference.
5. ENTRY OF COURT ORDER: MOTHER and FATHER agree that
this Agreement may be formalized by the entry of a Court Order
of Custody and Support in accordance with the terms and
provisions of this Agreement by a Court of competent
jurisdiction.
6. OTHER CUSTODY RIGHTS: In addition to any provisions
which may be contained herein regarding custody rights set
forth hereinabove, each party shall have the following rights
with respect to the minor child:
5
A. Reasonable telephone calling privileges to
9100 p.m.
B. Access to report cards and other relevant
information concerning the progress of the minor
child in school I
c. Approval of extraordinary medical and/or
dental treatment, except, in the case of an
emergency and provided that such approval shall not
be unreasonably withheld I and
D. Each of the parties' right to participate
in making major decisions affecting the best
interest of the minor child, including major
medical, religious, and educational decisions I
educational decisions shall be defined as those
decisions directly related to or affecting the
academic performance of the minor child in the
classroom. Each of the parties agree to provide
the other with their address and telephone numbers,
and to advise each other of any change thereof
within ten (10) days. Each of the parties also
agree that in the event they intend to permanently
relocl\te themselves from the jurisdiction of the
6
legal rights and that each believes tho Visitation and Custody
Agreement to be reasonable and in the best interest ot the
minor child under the circumstances and not the result ot any
duress or undue intluence.
10. SITUS: This Visitation and custody Agreement shall
be construed and governed in accordance with the laws of the
Commonwealth of Pennsylvania.
11. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights and obligations of the
parties.
12. BINDING EFFECT: Each of the parties hereto intends
to be legally bound hereby, and this Visitation and Custody
Agreement shall be binding upon their heirs, personal
representatives and assigns of the respective parties hereto.
In the event that either party breaches any provision of this
Agreement, and the other party retains counsel to assist in
enforcing the terms thereof, the parties hereby agr.ee that the
B
VISITATION AND CUSTODY AGREEMENT
2-"'^-
THIS AGREEMENT, made this -1 ~.J day of February, 1997,
by and between CHRISTOPHER DZIEWIOR, hereinafter referred to
as "FATHER",
-AND-
KAREN ANN HYDE a/k/a KAREN ANN MORGAN, hereinafter
referred to as "MOTHER".
WITNESSETH:
WHEREAS, the parties were married and are now divorced
and are the parents of one (1) child, XylIa Zea Dziewior, born
August 23, 1981; and
WHEREAS, diverse and unhappy differences and disputes
have arisen between the parties and it is the intention of
MOTHER and FATHER to live separate and apart, and the parties
hereto being desirous of settling fully and finally their.
respective rights of visitation and custody;
NOW, THEREFORE, in consideration of the mutual promises,
covenants and undertakings hereinafter set forth and for other
good and valuable consideration, receipt of which is hereby
2. MOTHER' S RIGHTS OF PARTIAL CUSTODY: MOTHER shall be
entitled to reasonable rights of visitation and partial
custody of Xylla Zea Dziewior at such times as are reasonable
and convenient to the parties, If the parties are unable to
agree, MOTHER shall have the following rights of visitation
and partial custody:
acknowledged by each of the parties hereto, MOTHER and FATHER,
each intending to be legally bound hereby covenant and agree
as follows:
1. CUSTODY OF MINOR CHILD: FATHER and MOTHER agree
that they shall have shared legal custody of the parties I
minor child, xylla Zea Dziewior, in terms of decision making
powers regarding the health, education and welfare of the
child. FATHER and MOTHER agree that FATHER shall have primary
physical custody of the parties' minor child, xylla Zea
Dziewior, while MOTHER shall have partial physical custody of
Xylla Zea Dziewior for the purposes of effecting reasonable
rights of visitation.
A.
Two (2)
that the
weekends during each month
weekend visitation does not
provided
2
interfere with previously scheduled special events.
Weekend visitation shall commence on Friday at 7:00
p.m. and shall conclude on Sunday evening at 7:00
p.m. prevailing time. MOTHER shall provide notice
to FATHER, in advance of her weekend visitation, of
housing arrangements and provide FATHER with a
phone number of where she and the child can be
reached.
B. Alternating holidays, consisting of Martin
Luther King Day, Easter, Memorial Day, Columbus
Day, Independence Day, and Labor Day, from no later
than 7:00 p.m. of the prior day until B:OO p.m. of
the holiday;
C. The christmas holiday shall be split as
follows: FATHER shall have the minor child from
2:00 p.m. Christmas Eve through 2:00 p.m. Christmas
Day. MOTHER shall have the minor child from 2:00
p.m. Christmas Day through 2:00 p.m. December 26.
The balance of the child's Christmas vacation shall
be divided between the parties.
D. Thanksgiving shall be alternated with
FATHER having even number years and MOTHER having
odd numbered years.
3
E. Mother's Day with MOTHERI
F. Father's Day with FATHERI
G. The term "holiday" means the day itself
and overrides any scheduled weekend visitations for
the day on which the holiday is celebrated I
H. Two (2) full weeks during the summer
vacation provided that MOTHER gives notice in
writing to FATHER as to which two (2) weeks she
desires, on or before May 1 of each year and
provided that the summer vacation does not occur
during the second week of August when the child
shall be with FATHER for the purpose of attending
the annual family reunion and provided that
MOTHER's summer vacation is not scheduled during
such times as the child is scheduled for band campI
I. The parties acknowledge that changes to
this schedule may be necessary to accommodate the
child's special requests or in the event the child
should obtain part time employment I and
J. Such other times as the parties may
hereinafter agree.
4
3. TRANSPORTATION I FATHER and MOTHER agree that
transportation costs and/or mileage will be shared equally
between the parties provided neither party significantly
increases the distance between the parties' respective homes.
In the event that either party increases the distance between
the parties' residences by more than twenty five (25) miles,
the party responsible for ,increasing the distance shall be
responsible for the additional transportation costs and/or
mileage.
4 . HARASSMENT OR INTERFERENCE I The parties further
agree that they will not utilize their respective rights of
custody and visitation in order to harass or interfere with
the other's right to live and remain separate and apart from
each other. The parties also agree that visitation shall not
be altered because of disciplinary actions provided that both
parties honor and continue the discipline action which has
been started in the other party's home. In the event that
either party utilizes custody or visitation rights to harass
or interfere as hereinabovo described, the parties expressly
agree that, in addition to all other legal and equitable
remedies available to them, they may make immediate
application with the Court of appropriate jurisdiction to
5
pursue appropriate judicial remedies for said harassment or
interference.
5. ENTRY OF COURT,ORDERI MOTHER and FATHER agree that
this Agreement may be formalized by the entry of a Court Order
of Custody and Support in accordance with the terms and
provisions of this Agreement by a Court of competent
jurisdiction.
6. OTHER CUSTODY RIGHTSI In addition to any provisions
which may be contained herein regarding custody rights set
forth hereinabove, each party shall have the following rights
with respect to the minor child:
A. Reasonable telephone calling privileges to
9:00 p.m.
B. Access to report cards and other relevant
information concerning the progress of the minor
child in schooll
C. Approval of extraordinary medical and/or
dental treatment, except, in the case of an
emergency and provided that such approval shall not
be unreasonably withheld I and
6
D. Each of the parties' right to participate
in making major decisions affecting the best
interest of the minor child, including major
medical, ~eligious, and educational decisions;
educational decisions shall be defined as those
decisions directly related to or affecting the
academic performance of the minor child in the
olassroom. Eaoh of the parties agree to provide
the other with their address and telephone numbers,
and to advise each other of any change thereof
within ten (10) days. Each of the parties also
agree that in the event they intend to permanently
relooate themselves from the jurisdiotion of the
Commonwealth of Pennsylvania, each shall give the
other at least ninety (90) written notioe of their
intent.
7. ILLNESS OF THE MINOR CHILD: In the event of any
serious illness of the minor child at any time, the party then
having physioal custody of said minor ohild shall immediately
communicate with the other party by telephone or any other
means, informing the other party of the nature of
the illness. During such illness, each party shall have the
7
11. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights and obligations of the
parties.
12. BINDING EFFECT: Each of the parties hereto intends
to be legally bound hereby, and this Visitation and custody
Agreement shall be binding upon their heirs, personal
representatives and assigns of the respective parties hereto.
In the event that either party breaches ~ny provision of this
Agreement, and the other party retains counsel to assist in
enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorneys fees, Court costs and
expenses incurred by the other party in enforcing that
stipulation.
IN WITNESS WHEREOF, the parties hereto have sat their
hands and seals the day and year first above written.
WITNESS:
,
f.U{
~MiJJaAV1\.- (Mr'-~
EN ANN HYDE
9