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HomeMy WebLinkAbout00-02610 - "'j '" ,,,"eel * ~(\--\' \:)\ \0co Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA v. * i(ef\f\C~ A- bhl C Defendant : CIVIL ACTION LAW :'NO. ;)~\O CIVIL d()OO : CUSTODY VISITATION ORDER OF COURT And now, this ~, upon consideration ofthe attached complaint, it is hereby directed that the above parties and their respective counsel ap ear before t'i:1v0\1\ ~, S~c\cA'i-' Esquire, the conciliator, at PI, , \ l , Pennsylvania, on the ~ day of q~ , 2000, at 3'. A.M) .M. 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 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: By: ~~n~ ~,skV\\~d~' Custody Conciliator lIS):) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 1-800-990-9108 . .~~'" - , I ~ ~ I I 'I '1 :;] ',J 'I' :' ~ :1 ,;11 ;' "" ~~- ~- ",._ _,0 ',-' - '^ - ~, ~"" '~~I - .'~' ---'. --"1'''- ,- ~l-'~~-~ ,cElLED-OFFICE U, T,I ,.- rl00rl'0'L()T,AA ""-- .,\,; ". ,\ Y ., 'v":'.., 00 fMY -3 PN 2: 39 CUM,epiLAND COUNTY PeNNSYLVANIA I , 6-3.{)O &/. ~ ~h ~ X~ ~4 ~4~ .5':3'CJI C~ ~ ~ a4' ~~ M' I ~~!, 'll",,,,,,,,,,',',,,,,m " '_, ~"', '-' _ _ .~,llIlJ~L~",~_~~ _ ! Iff N1!l!1~~""""~-"~~"'4i''R''!;",.'tf1'Wi1~II'i~~~\W~INJ~'!\'1'l!HiIi~I~~Il!fIl~I~~lf!IlI!ffi'~ .~ ,~ ,-- "~- -"'<,,"' "-", _c"""""""'; '>, MAY 01 2000bb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Heather M. DiMeo, Petitioner on behalf of the minor children Samantha M. Busic and Hayden M. Busic No. 00- :;u.lO (1o;('-r~ v. Kenneth A. Busic and Laurie Pisarcik ConnolJly, : Respondent's on behalf of the minor child Daijon G. Busic Petition for VISitation AND NOW, this.LI2!!!. day of April, 2000, I respectfully submit this Petition for Visitation of the minor child, Daijon G. Busic on behalf of her minor siblings, Samantha M. Busic and Hayden M. Busic in accordance with Purdon's Pennsylvania Consolidated Statutes Annotate, Title 23 Domestic Relations, 23 Pa. C.SA ~5303, Factual Information 1. Daijon G. Busic, Samantha M. Busic and Hayden M. Busic are family members by paternal consanguinity. The minor children desire to maintain a relationship with one another through a court ordered visitation schedule. We request one weekend visit per month from 6:00 pm Friday evening until 6:00 pm Sunday evening, at our Duncannon home with transportation to be shared equally by Laurie Pisarcik Connolly and Heather M. DiMeo. We also request permission for the minor c!li1dren to be allowed to make telephone ca11s to one another without restriction. 2. Daijon G, Busic, who was born on March 3, 1986, is the biological daughter of Laurie Pisarcik: Connolly, formerly Laurie Busic and Kenneth A. Busic. Daijon G. Busic, lives with her mother Laurie Pisarcik Connolly, her step-father Richard C. Connolly and her maternal half brother and half sister at 1504 McCormick Drive, Mechanicsburg, PA 17055. Her telephone number is 717-796-0312, Laurie Pisarcik: Connolly and Kenneth A. Busic have joint legal custody ofDaijon G. Busic. , -----,-, >d .~<.-,,->";- "",., '. '0' " 0_ - Jo,-- he... - >>'''o<'},,_ "'~ ;',:.W"-l ....., '..' 3, Samantha M. Busic, who was born on September 7, 1988, is the biological daughter of Heather M. DiMeo, formerly Heather M. Busic, and the legally adopted daughter of Kenneth A. Busic. The adoption was effective in November 1994. Samantha M, Busic lives with her mother Heather M. DiMeo at 6 Princeton Street, Duncannon, P A 17020, 4, Hayden M. Busic, who was born on August 2, 1991, is the biological son of Heather M. DiMeo, formerly Heather M, Busic, and Kenneth A. Busic. Hayden M. Busic lives with his mother Heather M. DiMeo at 6 Princeton Street, Duncannon, P A 17020. 5, Daijon G, Busic, Samantha M. Busic and Hayden M, Busic have maintained an ongoing sibling relationship through bi-weekly visitation, holiday visitation and summer vacations from February 14, 1991, the date of marriage between Heather M. DiMeo and Kenneth A. Busic, until May 1999, at which time it was reported to Children and Youth Services that Kenneth A. Busic had sexua11y molested Samantha M. Busic, Since May 1999, the children have only spoken to one another on the telephone. They have maintained an ongoing sibling relationship for approximately the past 9 years. The three (3) minor children have each verbally stated their desire to continue their sibling relationship. 6, In May 1999, Kenneth A. Busic sexually molested Samantha M. Busic and a Protection from Abuse Order was issued on June 4, 1999, for the safety and protection of Samantha M, Busic and Hayden M. Busic. 7. As a result of a guilty plea to indcrcent assault of a minor child under the age of 13, by Kenneth A. Busic in Dauphin County Criminal Court, No. 3202 CD 1999, Kenneth A, Busic was placed on five (5) years intermediate punishment and is restricted from having any unsupervised contact with any minor child under the age of 18 for the next five (5) years, including the victim, Samantha M, Busic and her siblings Daijon G, Busic and Hayden M. Busic. 8, Due to the emotional trauma that Samantha M. Busic endured from the molestation, she is no longer capable of maintaining any type of contact with Kenneth A. Busic, even under supervision. A supervised visitation schedule for Hayden M, Busic has not been established, but will be addressed at the Perry County Courthouse on May 12, 2000 before Judge Joseph Rehkamp. Regardless of the outcome of the conference on May 12, 2000, the circumstances involved regarding Samantha's emotional well being will continue to prohibit the three (3) minor children from maintaining their sibling relationship through paternal contact with Kenneth A. Busic, 9. Heather M, DiMeo has sole legal and sole physical custody of the minor children, Samantha M. Busic and Hayden M. Busic as stated in Perry County Court Order dated March 13, 2000. "",' .--~,"--~ -" ""~""" "'--00 -,_",','" <, -J. """c --,coX .. __"~ - ~ "~_-",_,, >" :,;,., _,_,_ "" ",,' ~-:,_, ... .~ 10. Kenneth A Busic lives alone at 870 State Street, Millersburg, PA 17061. His attorney's name and address are as follows: Carl G, Wass, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg, PA 17110-1533, 11. During a telephone conversation between Samantha and Daijon on April 7, 2000, Laurie Pisarcik Connolly came to the phone and said that the three children are in no way related to one another, they have no right to maintain a relationship and if anyone in our family ever calls their home again to speak to Daijon, Laurie will file charges of harassment against Heather, Samantha and Hayden, 12, Laurie Pisarcik: Connolly is prohibiting the three (3) minor children from continuing a relationship to which they are legally entitled and has been sustained for approximately the past 9 years, WHEREFORE, Petitioner requests the Court to grant visitation of the minor child, Daijon G. Busic on behalf of her siblings, the minor children Samantha M, Busic and Hayden M. Busic, I verifY that the statements made in this Petition 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. '1J(qfGeJ:-J Yr7. 1) 7tJ1{O Heat er M. DiMeo Pro Se 6 Princeton Street Duncannon, P A 17020 717-834-6843 Date: HMD " , , ,~ .:~. , ., ':\"" '" ,,~- -L--. . ~', "i , .-;u',' -~'" ,"---, 'i~_' -" , '6' , 'I . '.,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Heather M. DiMeo, Petitioner on behalf of the minor children Samantha M. Busic and Hayden M. Busic No. v. Kenneth A. Busic and Laurie Pisarcik Connolly, : Respondent's on behalf ofthe minor child Daijon G. Busic CERTIFICATE OF SERVICE I, Heather M, DiMeo, hereby certifY that I have this .2J!IJay of April, 2000, served a true and correct copy of the foregoing Petition for Visitation upon all parties of record in this proceeding in accordance with the requirements of 933.31 of the General Ru1es of Administrative Practice and Procedure, I Pa. Code 933.31 (relating to service by the agency). CERTIFIED MAIL. RETURN RECEIPT REOUESTED: Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 (Attorney for Respondent, Kenneth A. Busic) Laurie Pisarcik Connolly 1504 McConnick Drive Mechanicsburg, PA 17055 ~ 7rL, j);/Xa; Heather M, DiMeo Pro Se 6 Princeton Street Duncannon, PA 17020 717-834-6843 , Il '.-J , .. .{o'" ,', ,~_ ,;" ~' L." _~ -" -~_: .~ \ .....' . ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Heather M. DiMeo, Petitioner on behalf of the minor children Samantha M. Busic and Hayden M. Busic No. v. Kenneth A. Busic and Laurie Pisarcik Connolly, : Respondent's on behalf ofthe minor child Daijon G. Busic CERTIFICATE OF SERVICE I, Heather M, DiMeo, hereby certify that I have this jJJfhday of April, 2000, served a true and correct copy of the foregoing Petition for Visitation upon all parties of record in this proceeding in accordance with the requirements of ~33.31 of the General RIDes of Administrative Practice and Procedure, 1 Pa, Code ~33.31 (relating to service by the agency). FIRST CLASS MAIL. POSTAGE PREPAID: Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 (Attorney for Respondent, Kenneth A Busic) Laurie Pisarcik Connolly 1504 McCormick Drive Mechanicsburg, PA 17055 l/J(ttffilA m, 1) 7111t{) Heather M. DiMeo Pro Se 6 Princeton Street Duncannon, PA 17020 717-834-6843 ~ :'l?~UIiiIiiilIIIIIlHliDIiMiMi_IIIl-'~' Uljr~~iilIII!IIil(iVo: ~~cd.' """I ,", ;...,,;.,.;.~' _,'.1 ~~ ~ il ~ ~ () --....J .Q ~.. ~ ~ ~ ~ (} d & g t I j F:t) Vj ~ -cJ ~ .~ - (.::J () ~:~ 0 ~-\ :"':e'I ~r\;; :;;:._- -7 r ~.~ ~. (;';,:, J:;C' '.'-,:'.(-',' ';,"' S;~ :.:; -< f'.) t.:.J ..n :.11 3]. (.-.) -..... ~ .,4...... 9 lIiiifIi<il::L ,. HEATHER M. DiMEO, petitioner on behalf of the minor children Samantha M. Busic and Hayden M. Busic : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : . . vs. : NO. 00-2610 CIVIL TERM . . KENNETH A. BUSIC and LAURIE PISARCIK CONNOLLY, Respondents on behalf of the minor child Daijon G. Busic : CIVIL ACTION - LAW : . . . . CUSTODY OCtiICILIATICl\/ SIOMMARY REPOOT IN ACCORDANCE WITH CllMBERLAND CXXlNTY 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 CURREI\lTLY IN CUSTODY OF Daijon G. Busic Age 14 years Laurie Connolly (Mother) 2. A Conciliation Conference was held on June 21, 2000, with the following individuals in attendance: The Plaintiff, Heather M. DiMeo, who is not represented by counsel in this matter, and the Father, Kenneth A. Busic, who also is not represented by counsel. The Child's mother, Laurie Connolly, did not attend the Conference or contact the Conciliator. 3. The Plaintiff, Heather M. DiMeo, was the second wife of Kenneth A. Busic, and there were two children of their marriage, Samantha M. Busic and Hayden M. Busic. Both Samantha and Hayden live with Heather DiMeo. The Father, Kevin A. Busic and Laurie Connolly, his first wife, have one child, Daijon G. Busic. previously, all three of the children, Daijon, Samantha and Hayden had contact with each other during periods of custody with their father, Kenneth Busic. However, as Kenneth Busic is no longer permitted to have contact with Samantha and may only have limited supervised visitation with Hayden, Samantha and Hayden no longer have contact with Daijon. Heather DiMeo filed this Petition on behalf of Samantha and Hayden to enable them to have periods of visitation with their half-sister, Daijon. Daijon's mother, Laurie Connolly, has objected to contact between the children, thus resulting in the Plaintiff's filing of this Petition. 4. It should be noted that Heather DiMeo filed her Petition Pro Be and did not serve Laurie Connolly with notice of the Order scheduling the Conciliation Conference (by direction of the Prothonotary's Office). The - '=j-p .)',' ~ , ~ . Conciliator was not able to reach Laurie Connolly by telephone during the Conference and therefore Ms. Connolly did not have an opportunity to express her position on the visitation issue. 5. Issues of standing and service were discussed at the Conference. In any event, the Plaintiff indicated that she would attempt to pursue an agreement with Laurie Connolly through further discussions with Kenneth Busic. The Mother does not intend to pursue the Petition for Visitation and therefore no Order is necessary at this time. chVAA- 6ld. ~c"> Date ' ~, Dawn S. Sunday, Esquire 7 Custody Conciliator cc: Heather M. DiMeo, Plaintiff Kenneth A. Busic, Defendant Laurie Connolly, Defendant ~ (\ _;a.D.0\ l.PF" _ ?-<6'00 }, ~~ _~<'~." ~.~IJiilil.iilI:~nlllliiil~lllillill"~'~~'i,,"~...';j"J~'~";' -. >- tr> ~ ~ .- UJ.!;~ c::, 8..: o~ :It: o~ - ) "Ll... ,- ,::>- o~ !Ll":: ~o It- 3!ft ~;: (',J, at- ffiaJ 'LU z: :1: =:;I coo.. l- --;. :::;: 5 c' ::::l e;:. (.) " ,.^' .,.- , . .,~~ 0 , "'-~,- '^'. .~~ ~ ,,, ~, ..