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Home My WebLink About97-00793 JACQUELINE DILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- 713 CIVIL ACTION - LAW IN CUSTODY CIVIL TERM DONOVAN SCHAEFFER, Defendant ORDER OF COURT lOd 1"'./ AND NOW, this day of rt't".I'Y , 199'), upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before O~oJh 4. t"'~." ,.... the conciliator, at 0'. I t 4~ ~q Lv. I).,. d-Jaf f1(("'.~"rf "'1' PI( on the II day of nIl, {~ , 1997, at 'II .4 .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. 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 temporary or permanent order. FOR THE COURT: t~~P t~.~ (nR~) custody Conc~l tor - / 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 Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 JACQUELINE DILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i. v. NO. 97- '71.J CIVIL TERM DONOVAN SCHAEFFER, Defendant CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jacqueline Diller, residing at 50 East Main Street, Mechanicsburg, Pennsylvania, 17055. 2. The defendant is Donovan Schaeffer, residing at P.O. Box 146, Franklintown, Pennsylvania, 17019. 3. Plaintiff seeks custody of the following child: Name Present Residence Nicholas Ryan Diller 810 Green Acre Street Mechanicsburg, PA The child was born out of wedlock. Age 4, D.O.B. 2/17/92 The child is presently in the custody of Jacqueline Diller, who resides at 50 East Main Street, Mechanicsburg, Pennsylyania. During the past five years, the child has resided with the fOllowing persons and at the following addresses: Jacqueline Diller 810 Green Acre Street Jacqueline Diller 50 E. Main street Mechanicsburg, PA Trailer near Red Lion Jacqueline Diller Kelly Scheffer Jacqueline Diller Kelly Scheffer Jacqueline Diller stepdad RR#l, Box 816 Millerstown, PA 8/96 - Present 8/94 - 8/96 7/1/94 - 8/94 5/8/94 - 7/1/94 2/25/94 - 5/8/94 11/93 - 2/25/94 concerning the child pending in a court of this commonwealth. The court, term and number, and its relationship to this action is: None. 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. The name and address of such person is: None. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: plaintiff has been the primary caretaker of the child since the child was born. 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 will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, plaintiff requests the court to grant custody of the child. Respectfully submitted, 77?;;,/I),?~ R. Mark Thomas, Esquire Attorney for plaintiff 54 E. Main street Mechanicsburg, PA 17055 (717)697-4650 I.D. # 41301 VERIFICATION i ! i I I verify that the statements made in the foregoing document 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. \.. /) 'j ~ / C~~A.-'( (/1 l&1 ( / : - ~;ate: ! ;xl ~/91} f ( ): ~ ~ ~\ ~ '-r--.. .\ \J I"1:l ~ ~ , I~ ~ IS') .- , \~ ~ ~ ~ I... isj ; ( C. . r - UJ. . , fl'. 'r ~ ~' '.. :.l. t\:J ~ i: ~.' ~ , - ", :~ : it l..r. ") ~c i'l C r.~: C, "; ~ ~ ~' ~ UJ'-' ~; i if] ~ \~ ",) ~ ~l;! GJ \r) Lu "-1(1.. f-' Lo.. ..; ~ ,... ::5 Q'\ U '- MAR 1 8 1997 t17 JACQUELINE DILLER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- 793 CIVIL TERM DONOVAN SCHAEFFER, Defendant CIVIL ACTION - LAW IN CUSTODY AND NOW, this ORDBR I ~ fI. day of VIIf z> t:. Lr , 1997, upon consideration of the attached Stipulation and Agreement which has been volutarily entered into by the parties and to which they both have agreed that it become a Court Order, NOW THEREFORE, it is hereby ordered as follows: (a) Mother shall have sole legal custody of the minor child. (b) Mother shall have primary physical custody of the minor child. (c) Father shall have periods of partial custody of the minor child as follows: i. Commencing Saturday, February 22, 1997 from 9:00 a.m. to 9:00 p.m. ii. From Saturday, March 8, 1997 from 9:00 a.m. to 9:00 p.m. iii. Commencing Friday, March 21, 1997 at 7:00 p.m. until Sunday, March 23, 1997 at 6:30 p.m., and thereafter on alternating weekends for this same period of time. iv. Each Tuesday following March 21, 1997 for a period of time commencing at the end of the school day and ending at 8:30 p.m. v. On alternating holidays with the holidays being Easter Sunday, Memorial Day, Independence Day, Labor Day and Thanksgiving from 9:00 a.m. to 9:00 p.m. with the Father's first holiday in 1997 being the Memorial Day holiday. vi. Each Christmas Mother shall have custody of the minor child for a 24 hour period commencing at Noon on December 24 and ending at Noon on Christmas Day. Father shall have a 24 hour period of custody with the minor child which shall commence at Noon on Christmas Day each year at Christmas. vii. Minor child shall spend Mother's Day with Mother and Father's Day with Father for the time from 9:00 a.m. until the end of the day. viii. Father shall have the minor child for an uninterrupted period of seven (7) days during the summer months for the first two (2) years of this Agreement. Mother agrees that as the minor child gets older she will reasonably consider increasing the summer period of uninterrupted visits with Father. ix. Such other time as the parties may mutually agree upon. By the Court, I :J . JACQUELINE DILLER, plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97- 793 CIVIL TERM DONOVAN SCHAEFFER, Defendant CIVIL ACTION - LAW : IN CUSTODY STIPULATION AND AGREEMENT AND NOW, comes the plaintiff, Jacqueline Diller, by and through her attorney, R. Mark Thomas, and together they enter into a stipUlation and Agreement with the Defendant Donoyan Schaeffer, who is not represented by counsel. The stipulation and Agreement is as follows: 1. On February 18 , 1997, the Plaintiff filed a Complaint in custody naming the Defendant as the Defendant in that custody action. 2. The Complaint for custody concerned the minor child, Nicholas Ryan Diller, born February 17, 1992 who is the son of both the Plaintiff and Defendant. 3. The Plaintiff and Defendant do not reside together and there has been no prior agreement with regard to custody of their minor son. 4. Since the date of birth of the minor child the child has resided with the Plaintiff, Jacqueline Diller. 5. In an attempt to settle any outstanding issues concerning the custody of the minor child it is hereby stipulated and agreed as follows: (a) Mother shall have sole legal custody of the minor child. (b) Mother shall have primary physical custody of the minor child. (c) Father shall have periods of partial custody of the minor child as follows: i. commencing Saturday, February 22, 1997 from 9:00 a.m. to 9:00 p.m. ii. From Saturday, March 8, 1997 from 9:00 a.m. to 9:00 p.m. iii. Commencing Friday, March 21, 1997 at 7:00 p.m. until Sunday, March 23,1997 at 6:30 p.m., and thereafter on alternating weekends for this same period of time. iv. Each Tuesday following March 21, 1997 for a period of time commencing at the end of the school day and ending at 8:30 p.m. v. On alternating holidays with the holidays being Easter Sunday, Memorial Day, Independence Day, Labor Day and Thanksgiving from 9:00 a.m. to 9:00 p.m. with the Father's first holiday in 1997 being the Memorial Day holiday. vi. Each Christmas Mother shall have custody of the minor child for a 24 hour period commencing at Noon on December 24 and ending at Noon on Christmas Day. Father shall have a 24 hour period of custody with the minor child which shall commence at Noon on Christmas Day each year at Christmas. vii. Minor child shall spend Mother's Day with (i) 'L; t'-. \)0.'1 ~ 'S. t") ~ .1 ~ '~ ti ~ .... c:. ('- t..~ ~~. 6: r. UJ.. ( . :-::- ,,- j - L_ ., " '- ; , . C (..I I, L: ( I "- L.4.. (1- ..... , u v' ) - ,. 'I i,'.,f';y (;.~ t.' ~r' 1 ! ,-' ,~,: I 1/:;'3 ~ \..\..'.\ "":, i..." "', , "'-';:.; ',Tt' (b) Upon thirty (30) days advance notice for two (2) weeks each summer, which can be taken separately or together in any sequence. The father, upon thirty (30) days advance notice shall be entitled to a two (2) week continuous period each summer, (c) The father and mother shall alternate Christmas Eve and Christmas Day each year, one party having the child on Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and the other parent having the child on Christmas Day at 12:00 noon until December 26 at 12:00 noon, The father shall have the child for Christmas Eve on even numbered years and the mother shall have this period on odd numbered years, (d) The parties shall alternate the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving, The holiday will commence for purposes of this Agreement at 9:00 a,m, and will end at 8:00 p,m, (e) Mother shall have the child on Mother's Day from 9:00 a,m. until 6:00 p,m, with the father to enjoy the same for Father's Day. 3. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in affect until it is either modified by agreement or either party petitions to have it changed, 4, Transportation for the exchanges will be provided by the parent who is to receive the child, The place where the child is to be picked up is at the residence of the party who then has physical custody. WHEREFORE, the parties request that an Order of Court be entered into to reflect the above terms, CfA'I/9fr Dire I . ~~~ 1.':', Dill fA 1'lW.JJ~, -' qu e Diller Martson :t~9ff D te ..,q. ~'1 oil -s. ~ '>- ("'l '. h: C": !-.; t::= a ~, w(: ~,?i. , -- , I::::.. . ,. .' 9(-~ t;-l 0' !J.:t, i EC~. - , j'- t:- : I' f"~ :j L' .... 1 1 'f JACQUELINE MARTSON (nee DILLER), PlaintiIT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-793 CIVIL TERM CUSTODY DONOVAN SCHAEFFER, Defendant AND NOW, this ORDER OF COURT /q .,. day of /I/A. I , 2000, upon consideration of Ihe allached Complaint, it is hereby directed that the panics and their respeclive counsel appear before /) A...v <( ~-d.~ l~ C? , Ihe concillialor, at . .? I 31 ~J MAIN C)/ . ~ LL......<~i~J 'II on the ~day of ~JA Q ,2000, at ~ .A-,M" for a Pre-Hearing Custody Conference, AI such Conference, an effon will be made to resolve the issues in dispute; or if this cannol be accomplished, to define and narrow the issues 10 be heard by the Coun, and 10 enter into a temporary order, Either pany may bring Ihe child who is the subject of this custody action 10 the conference, but the child/children's allendance is nOI mandatory, Failure 10 appear at Ihe Conference may provide grounds for enlry of a lemporary or penn anent order, FOR THE COURT: 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 171113 TELEPHONE: (717) 24<).311\6 JACQUELINE MARTSON (nee DILLER), Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97.793 CIVIL TERM CUSTODY DONOVAN SCHAEFFER, Defendant PETITION TO MODIFY CUSTODY AND NOW comes the plaintiff, Jacqueline Martson (nee Diller), by and through her counsel, R. Mark Thomas, Esquire, and files this Petition for a modification of the existing Custody Order, and in support thereof respectfully represents: 1. Plaintiff is an adult individual who currently resides at 14 Coastal Highway, Panacea,FL 32346. 2. Defendant is an adult individual who currently resides at 120 East Siddonsburg Road, Dillsburg, York County, PA 17019. 3, Plaintiff and defendant are the parents of Nicholas Ryan Diller, born February 17, 1992. 4. The Cumberland County Court has previously exercised jurisdiction over the custody of Nicholas Ryan Diller under Case No, 97-793 Civil Tenn, 5, The existing Custody Order was entered pursuant to an agreement between the panies on fVove",ber 10, 1998. 6, In January 2000, plaintiff and her husband moved to the state of Florida where husband has obtained employment. 7, Prior to moving to Florida the plaintiff and defendant attempted to enter into an agreement with regard to a modification of the Custody Order since the existing Custody Order was no longer feasible, 8, The allempts of the parties to modify the Custody Order amicably were not successful. 9. At present, the plaintiff is uncertain as to her rights of partial custody and therefore is filing this petition to have the Court determine her partial custody rights with respect to the minor child. 10. Petitioner desires to have an extended period of partial custody during the summer vacation months as well as tow (2) periods of partial custody during the school year, WHEREFORE, plaintiff prays that this Honorable Court will enter an Order defining plaintiff's rights with respect to partial custody of her minor child. Respectfully submilled, ~ R, Mark Thomas, Esquire Allorney for Plaintiff 101 South Markel Street Mechanicsburg, P A 17055 (717)796-2100 10# 41301 .' '---^ l II ";~::;:~~~~!I'f~' - ...... . -," ' -""1'''''''''''"": 1" .' "'\~g~~~~~:lr'jij'i~;: ",. -.:;,'.:'::: '!"(.-iYiir'~ "".'-j.~ " '. ~ \:".: \~t:~i7~frllll; ,,'r:'~:~;i:.'~.;<'~')Y~'~~:~'~";' .~: '~~'~':-.". .' -', 'Zt, r ..~t1l!1. .: ;~-~r:'I' J~~. .' :' ......;. . - '.' . :e, - l> . "" ~~~~;i~~';f: ". ,;~,_~_o :.~:;'t~'> ~ ,". ;. ~. .' ... I .1 I ;1 ~ .. The Father shall have custody from July 7 through July l4. The Mother shall have custody from July l4 through July 2l. The Father shall have custody from July 21 through July 28. The Mother shall have custody from July 28 through August 4. In 2000, the alternating weekend schedule shall be suspended from June 23, 2000 through August 4, 2000. The Mother shall select her dates for extended periods of custody under this provision by May 1 of each year. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. OIRISTHAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at l2:00 noon through Christmas Day at l2:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through Decerrber 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd mlllbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and dl.ring Segment B in odd numbered years. B. ALTBRNATING OOLIDAYS: The parties shall alternate having custody of the Child on the following holidays from 9:00 a.m. until 8:00 p.m.: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. The alternating schedule shall begin with the Mother having custody of the Child on Independence Day in 2000. C. f1u.l1!l2('S DAY/FATIIER'DAY: The Mother shall have custody every year on Mother's Day and the Father shall have custody every year on Father's Day from 9:00 a.m. until 6:00 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. The party receiving custody of the Child shall be responsible to provide transporcation from the other party's current residence. 8. In the event either party intends to move from his or her residence, that party shall provide to the other party 60 days advance written notice to enable the parties to establish alternative custody arrangements by agreement or obtain a resolution through the legal process. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties nay modify the provisions of JACQUELINE MARTSON (nee DILLER), . IN THE OOURT OF CXJMlolCX'I PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . vs. : NO. 97-793 CIVIL TERM : DOOOVAN SCHAEFFER, . CIVIL ACTIOO - LAW . Defendant . IN CUSTODY . PRICR JUDGE: J. Wesley, Oler, Jr. COS'lOOY ~IATIOO SlIlMARY REPCRT IN ACalUlANCB WITB <nmBRLAND CXUllY RULE OP CIVIL POOo.K> 'IlRE 19l5.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OP BIRTH alRRPN1'LY IN COS'lOOY OI!' Nicholas Ryan Diller February l7, 1992 Father 2. A Conciliation Conference was held on June 14, 2000, with the following individuals in attendance: The Mother, Jacqueline Martson, with her counsel, R. Mark Thomas, ESquire, and the Father, Donovan Schaeffer, with his counsel, Timothy Colgan, ESquire. 3. The parties agreed to entry of an Order in the form as attached. ~ Date IlL , ~D . !1..~ Dawn S. Sunday, ESqu re Custody Conciliator