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HomeMy WebLinkAbout97-01822 . .--- .-.-----........- -..----..-..-..-- ---. * \::el4h A, D \ Ie. Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V * R06\() L, Dlle Defendant :CIVIL ACTION - LAr.; :NO. I gdcl CIVIL :CUSTODY/VISI-TATION 19q1 '. ORDER OF COURT AND NOW, this (date)LJ/IOlql, upon consideration of the attached complaint, it is hereby directed that the parties aEd their re~pective counsel appear, before ilib~rt 'I.. hl.lre'l) E.'::O . , the conc~liator, atlhr t..tth FIC0.r((nfffi-N("~{'!0X[O:i'f'\!:-1tf, rf~ on the I OS -I-Iro, day of H O......L , 19"1/ , at <): ,~() A, M.., for a Prehearing Custbdy 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 tempC?rary or permanent order. FOR THE COURT: By: 1f~s~~~crc*~~0j' ~. 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 , I' I' \ 0 "day of I-\r;::r- \ \ attached Compla t, it is hcreby directcd thai the parties an KEITH A. DILE, Plaintitl. vs, Defend ani IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW 97. I~''''''' (' _ ,y~LL...,.i! I en!" ,1 IN CUSTODY OIWEI~ OF COllin appear before I'U",', ,'/... C, If C'f I E.~ I, the conciliator, the day of o'clock, ,m., on . 1997. tilr pre-hearing custody conference. At such conference, an elrort wi be made to resol' the issues in dispute; or if this cannot be accomplished, to definc and nam v the iss s to be heard by the Court, and to enter into a temporary order, Either party may I) . g the children who are the subject of this cusllldy action to the conlcrence, bUlthe . Ildrcn. allendance is not mandatory Failure to appear at the conference may provide rounds li,r en 'y of a temporary or pcrmanent order, 1./ " \I C j '0 ( By '-=--LU..-~U ~.U1l~1>,(.),~. Custody Concili. or r-] . YOU SHOULD AKE TillS PAPER TO YOUR LAWY~ ~ AT ONCE, IF YOU DO NOT HAVE N LAWYER OR CANNOT ,\I'FORD ONE. ~ 0 TO OR TELEPHONE THE OFFICE SET FORTI I BELOW TO FIND OUT WHERE OU C AN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthoose Fourth Floor Carlisle. 1''\ 1701.1 (717) 2.JO.6200 The naturalmothcr of Ihc child is Robin L Dile, who rcsides as aforcsaid. Shc is married. The natural lilther of the child is Kcith A, Dilc, who resides as aforesaid, He is married. 4. The relationship of the Plaintifi'to the children is that of natural lather. The Plaintiff currently resides Wilh the children, Keith Lee Dile and Travis James Dile, 5. The relationship of the Dcfendantto the children is that of natural mother. The Defcndant currently rcsidcs with ali'icnd. Michael Warner 6, Plaintifi' has not parlicipatcd as a parly or wilncss, or in any olhcr capacity in other litigation, conccrning cllstody oflhc child 7. Plaintill' has no information of a custody procccding concerning the child pending in any Court of this Commonwcalth, 8. It is in the best interest and permancnt weltare of the children to provide the Plaintill'with primary physical custody of the children for thc following reasons: a) Plaintill'is and has becn thc primary caretaker for the childrcn; b) Defendant vacatcd thc partics' marital rcsidcnce without causc m January 1997 and has had limited contact with thc childrcn sincc that timc; and c) Thc childrcn. particularly thc cldcst child, have expressed a strong desire to have limitcd or no contact with thc Dcfendant which will neccssitate the use of a counsclor tu intcrvcnc in thc advcrsarial relationship that is develuping bctwcen the child, en and Defcndant WIIEREFOIlE, Plainlifi'requests your Honorablc Court to grant primary physical and legnl clIstody ul'lhe childrcnto Plainlil1', RcspCClthlly submitted, GRIFFIE & ASSOCIATES , .- ! ....; VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements hcrein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. r, DATE: tj. LI, c:; 7 I};Yk d. l{){/'c; KEITH A. DILE ,- ..: !,,~ " n ~,., c: --.J () ,- ., -'-' ~... ill [tr..; ":J ,J " ' !~:n ;,'.) ':,;Y 01 if:t. I ..,In () -.' C)', ;0 !:::i,"-; .) I () V: -::} :!p ?:> ~ ~ ..-._t" , -:) -. ' ~., tjo tt- ;.z.\ ~ '.0 , , ;.:,111 UJ @ ~a. : " g ! .,.. ::i -. .. OJ) -0 ; -;; '-.. Z 069 872 830 ~ Receipt for . Certified Mail ~ No jfJ~UtilllCO CovtJtauo Provided ,:..':::t"':~:1 001101 USt, tot lntmO.ll100ill Mall ISt~o AuverSfJl ... .. .. ~ ""'r' I , .,. ~ ~ T'!I"";,,,,,,,,,;, 0" ,1,1", CI f'"~t,, ,-. ,;., :".'1,_ CD M E tl? '" ... ~'.""" . "oM, E . "1J', .C""""'ltomo I 'nd/., 2 'or -1lonaI_.. {,. .-. ComDItt. h."" 3. and 4. . b. . ' . PrInt,..."........nd Idd<o" on tho ....... .f W. f.rm .. tho, ... con . """'1""""'10\'0<1. '. II . .-nlCh"", f.rm '. '''' f""" ., ,'" moB.,.c., or.. 'ho bock II '_. ' - not ..tm/t. , ' I . WIfl..'fl...rnA...IotR......lId....thoma1lplo..bolo..tho__ ! ~ . Tho Allum A.../PI ..........'...hom tho .111<:10.... .....rod -tho.... g~...,. , I 3. Artlc/. Addr....d 10: l & c-;?cb,h L, tJ;/C- If ../$6/ WOOd./aAd. ()r'....t!..- el7o.ruJur>h ~I 114 17(}()! ----- - . -., '--.. "- . Dec.mber 1991 " '" . , "10 WI.h 10 fIca/,.. lI}a ;o/Iowlng ..rvlca. /10' III ....."1. ':,1" foal: , " .' I. 0 Addr".eo"Aildraq 2. ]if R..ltlcIOd DaJ~~ Con.u't oatmeat., for fee. 4<1. Ani",. Number 20& 4b. S.rvlca Typ. '- q Rog/".rod 0 Inourod , j$C.rtln.d 0 COD B.,. o fxpro.. Moll 0 ROlum Rec.'pI for' j 7. 001.01 I/V''J97 r 8. Addro....... Add.... (On,y" ,oqu.lt.d.., .nd f.. I. P"d) ~ . '), t, otII.I.OI'O:I~71. " " .1 I DOMEStic RETURN RECEIPTe ~ '-:,... ( , ..... ..., I .-, il -'. " -n '11 r: .' t,) " , l~) , .:') 0':"1 .',1 : ~ I J ;r ) .' j"') -,III :, J \() :. ! \ . MAY 2 t t997W , , KEITH A. DILE, Plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW . . ROBIN L. DILE, Defendant :NO. 1822 CIVIL 1997 :IN CUSTODY COURT ORDER AND NOW, this ~ vii-A day of May, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: iL 1. A hea ~ g 's scheduled in the above case on the .3 lJ day of , 1997, in Court ~oom No. ~ of the County Courthouse at 1..J "Am. at which time testim ny ill be taken in this case. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties themselves shall file with the Court a memorandum setting forth the history of custody in this case, the issues before the Court, each party's position on those issues, the witnesses each party will call to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date. 2. Pending further Order of this Court, the following temporary custody Order is entered: , .. A. The Mother, Robin L. Dile, and the Father, Keith A. Dile, shall enjoy shared legal custody of Keith Lee Dile, born May 25, 1982 and Travis James Dile, born April 13, 1989. B. The Father shall enjoy primary physical custody of the minor children. C. The Mother shall enjoy liberal periods of temporary custody of the minor children. This shall include at least two weekends per month. Mother shall advise Father at the beginning of each month as to which weekends she has off of work and Mother shall have temporary custody of the children on those weekends from Friday at 5:00 p.m. until Sunday at 7:00 p.m. Mother shall also enjoy other periods of temporary custody as agreed upon by the parties. D. The non-custodial parent shall enjoy reasonable telephone contact with the minor children. CCI Bradley L. Griffie, Esqui Robin L. Dlle 1504 Woodland Drive Chambersburg, PA 17201 J. _ e.,f':"~ ~,.t "./;>:4q'l. " ,.,1>. $,' ,. KEITH A. DILE, Plaintiff V :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :CIVIL ACTION - LAW . . ROBIN L. DILE, Defendant :NO. 1822 CIVIL 1997 :IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Keith Lea Dile, born May 25, 1982, and Travis James Dile, born April 13, 1989. 2. A Conciliation Conference was held on May 15, 1997, with the following individuals in attendance: The Father, Keith A. Dile, with his counsel, Bradley L. Griffie, Esquire; and the Mother, Robin L. Dile, who appeared without legal counsel. 3. The parties separated in February of 1997. Father has had primary physical custody of the minor children since that time. Mother appeared at the Conciliation Conference without legal counsel and advised the Conciliator that she was not going to sign custody of the children over to ';he Father. Mother recognizes that the older child, Keith, is reluctant to go to live with her and Mother does not propose any specific type of schedule or arrangement. 4. Father filed this Petition in the hopes that he could obtain a specific arrangement so that a detailed visitation schedule could be set up with the Mother. 5. The parties were unable to reach an agreement at the Conciliation Conference. A hearing is necessary. A hearing should take no more than one-half a day. 6. The Conciliator recommends an Order in the form as attached. ~!~o(f{'7 DATE Hubert x. Gilroz Esquire Custody Concili tor ~ SEI> 1 0 1997 KEITH A. Dll..E, Plaintiff : IN TIIE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA ; No. 1822 Crvn. 1997 vs. ROBIN L. Dll.E, : Crvn. ACTION. LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, "" II~ d>y of consideration of the within Stipulation and greement it is hereby made an Order of , 1997. upon presentation and J. Court and an other Orders of Court are hereby vacated. BY TIIE COURT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I \ KEITH A. DILE, vs. : No. 1822 CIVIL 1997 Defendant : CIVIL ACTION - LAW : IN CUSTODY ROBIN L. DILE, STIPULA TlON AND AGREEMENT nus AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between the above-named parties, KEITH A. DILE, Plaintiff (hereinafter referred to as "Father'"), and ROBIN L. DILE, Defendant (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of Keith L. Dile, born May 25, 1982 and Travis J. Dile, born April 13, 1989 (hereinafter referred to as "children"); and WHEREAS, the parties live separate and apart; and WHEREAS, the children have resided for their entire lives in Cumberland County, Pennsylvania, thus vesting Cumberland County with jurisdiction over the issue of custody of the children; and WHEREAS, the parties wish to have this Stipulation and Agreement entered as an Order in this matter. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: I. The parties shall have shared legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have periods of temporary or partial physical custody of the children on the following schedule: a) Every other weekend from Friday after school until Sunday evening at ,.., I _. .- ~: 8:00 p.m.; .' ,< b) Every Tuesday and Thursday evening from after school until 8:00 p.m. Mother must notifY Father by no later than Sunday evening at 8:00 p.m. if she does not intend to exercise either her Tuesday or Thursday evening visit with the children for that upcoming week. c) At other times as the parties may agree. 4. During the summer vacation months, Mother and Father shall alternate physical custody of the children on a week-on week-off basis with the exchange occurring on Friday evening at 6:00 p.m. on each week. Mother shall secure physical custody of the children on the first Friday immediately following the termination of school each year, and Father shall then regain physical custody of the children the following Friday at 6:00 p.m. This alternating schedule shall continue throughout the summer vacation months. However, the children shall always be returned to Father for his preparation for the beginning of the school year in the fall by no later than 6:00 p.m. on the Friday before school begins. . 5. The parties agree that they shall alternate physical custody of the children on the following holidays: Memorial Day, 4th of July, and Labor Day with Father having Labor Day 1997, Mother having Memorial Day 1998, Father having July 4, 1998, and the parties continuing to alternate accordingly. The alternating holiday schedule shall extend from 9:00 a.m. until 8:00 p.m. on each holiday. In the event that any of the above holidays occur on a Friday, Mother shall be entitled to retain physical custody of the children from 9:00 a.m. on the holiday until 9:00 a.m. on the Saturday immediately following the holiday. 6. During the Thanksgiving holiday season, the parties shall alternate physical custody of the children between the following two periods: a) The period from 6:00 p.m. on the last day of school prior to the Thanksgiving break until 8:00 p.m. on the Friday evening immediately following Thanksgiving; and b) The period from 8:00 p.m. on the Friday following Thanksgiving until 8:00 p.m. on the day before the children must return to school. Mother shall have the first period for Thanksgiving 1997 and Father shall have the second period. These periods shall alternate for 1998 and continue alternating each year accordingly. 7. During the Christmas holiday season, the parties shall alternate physical custody of the childrcn between the following two periods: a) The period from 6:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day; and b) The period from 1:00 p.m. on Christmas Day until 6:00 p.m. on December 26. Father shall have the first period of physical custody for Christmas 1997 and Mother shall have the second period. These periods shall alternate for Christmas 1998 and continue alternating each year accordingly. In addition, the parties shall equally share the ChristmaslNew Years school vacation period. The party who has the children for the first period set forth above in sub- paragraph 7a shall have physical custody of the children from 6:00 p.m. on the last day of school until 6:00 p.m. halI\vay through the school vacation, excluding the two days set forth in sub-paragraph 7a and 7b above. The other party shall have physical custody from 6:00 p.m. on the day halI\vay through the school vacation until 6:00 p.m. on the last day of the school vacation before school begins the next day. 8. During the Easter holiday season, the parties shall alternate physical custody of the children on the following two periods: a) The period from 6:00 p.m. on the last day of school prior to the Easter break until noon on Saturday morning immediately prior to Easter; and b) The period from noon on thc Saturday before Easter untU 6:00 p.m. on the last day of school before the children must return to school. Mother shall have the first period for Easter 1998 and Father shall have the second period. Thcse periods shall alternate for 1999 and continue so a1temating accordingly. i i I I ! ! I I " 9. The children shall always be with Mother on Mother's Day and with Father on Father's Day. In the event either of these days occur on a weekend when the children would not otherwise be with that parent, the period for physical custody shall extend from 9:00 a.m. until 8:00 p.m. on that day. 10. Each party shall have the opportunity to spend time with each child on their birthday. Since each child's birthday occurs during the school year, if the birthday occurs on a school day, the parties will equally divide the time from the end of the school day until 8:00 p.m. If one of the children's birthdays occur on a weekend then the parent who does not have custody that weekend shall have physical custody of the child for the period from 1:00 p.m. until 6:00 p.m. on the Saturday of that weekend. 11. The periods for holiday physical custody as set forth above in paragraphs 5 through 10 shall supersede and take precedence over the routine periods of primary physical custody and weekend physical custody between Mother and Father as described above. 12. Except for the period of evening temporary physical custody set forth in subparagraph 3(b) above, during which time Mother shall be responsible for all transportation associated with her period of physical custody, the parties shall share the responsibility for providing transportation for the children during the exchanges between the parents. The sharing of transportation shall be implemented by the parent who is securing physical custody providing transportation for the children to secure that physical custody (e.g., Mother shall pick the children up on Friday evening of her altemating weekend schedule and Father shall pick the children up on Sunday evening on Mother's alternating weekend schedule). Unlcss other arrangements are made between the parties, the parents shall be personally responsible for providing the transportation set forth herein. 13. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. Each parent , I' shall have full and total access to any and all school records and information relative to the children's Involvement in school, sports, extra-curricular activities, church matters, and any other such mailers in which the children are involved. This shall include, but not be limited to, provision for each parent to secure a copy of the school calendar, sport calendar and the like. 14. The parties agree that there are difficulties in the relationship between the child, Keit~ and Mother. With this in mind, the parties shall secure a counselor agreeable to both parties with the parties attempting to securc a counselor whose services will be paid by one parent or the other's insurance coverage. The parents shall see that thc counselor meets with Keith and then that each parent meets with the counselor as thc counselor requests. The focus of the counseling shall be Keith's needs relative to his relstionship with his Mother, including what actions Father can take to assist in reo establishing the relationship between Keith and Mother. After the cost for counseling are submitted to both parties' insurance carriers, any uninsured amounts shall be equally divided between the parties. 15. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to thc other party, or which may hamper the free and natural development of the children's love or affection for the other party. 16. Any modification or waiver of any of the provisions of this Agreement sha1l be effective only if made in writing and only if executed with the same fonnality as this Stipulation and Agreement.