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HomeMy WebLinkAbout03-0486CHRISTOPHER E. DOMINOSKI, Plaintiff VS. COLLEEN E. DORSEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003- ,~' CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, CHRISTOPHER E. DOMINOSKI, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is CHRISTOPHER E. DOMINOSKI, who resides at 125 Dorsey Lane, Dillsburg, York County, Pennsylvania. 2. Defendant is COLLEEN E. DORSEY, who resides at 4275 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are married and are the natural parents of one child, JOCELYN, born December 21, 2002. Despite requesting that Defendant provide the last name of the child, she has not done so to date. 4. The best interests and welfare of the minor child would be served by placing primary physical custody and shared legal custody of the child with Plaintiff, subject to reason- able partial custody privileges with Defendant as the court may deem appropriate. 5. To date, Defendant has refused to allow any meaningful contact between Plaintiff and the child. 6. The minor child has resided at the following address since birth: (a) From birth until present at 4275 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania with Plaintiff and her companion, Lisa Bameycastle. 7. Plaintiff does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State. 8. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 9. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to her. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary physical custody and shared legal custody of JOCELYN, be placed with Plaintiff. DATE: January 31, 2003 ~ ~jR ~.~u MAX J. SMITH, ., t[sqrire I.D. No. 32114 JAR_AD W. HANDELMAN, Esquire I.D. No. 82629 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. CHRISTOPHER E. DOMINOSKI CHRISTOPHER E. DOMINOSKI PLAINTIFF go COLLEEN E. DORSEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-486 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, March 17, 2003 at 10:00 AM 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 are five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinR. FOR THE COURT, By: /s/ Dawn S. Sunday, I*.._W Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 1701. 3 Telephone (717) 249-3166 CHRISTOPHER E. DOMINOSKI, · Plaintiff · vs. · 03-486 COLLEEN E. DORSEY · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ,~"1~, jt~/~ day of , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Christopher E. Dominoski, and the Mother, Colleen E. Dorsey, shall have shared legal custody of Jocelyn Dorsey, born December 21, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following progressive schedule: A. For four weeks beginning Tuesday, March 18, 2003, the Father shall have periods of custody with the Child at the paternal great-grandmother's residence on Tuesdays from 4:00 pm until 6:00 pm and on Sundays from 1:00 pm until 3:00 pm. The Father shall also be entitled to have custody of the Child on Thursdays at the maternal grandfather's residence from 6:30 pm until 8:00 pm, upon providing notice to the Mother in advance each week of his intention to exercise his right to this period of custody. The Mother may be present during all periods of custody under this paragraph. B. Beginning on April 15, 2003, the Father shall have unsupervised periods of custody with the Child for at least three hours on Tuesdays and Sundays, with the specific times to be arranged by agreement of the parties to accommodate the Child's nursing schedule. The periods of custody under this provision shall take place at a mutually agreeable location or at the paternal great-grandmother's residence. C. After following the schedule provided in subparagraph B of this provision for a period of four weeks, the parties agree to cooperate in expanding the partial custody schedule by agreement to the fullest extent possible as appropriate to the Child's ongoing development. 4. The parties shall share having custody of the Child on the following holidays, with the specific times for exchanges to be arranged by agreement: Easter,. Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas. 5. The Child shall be transported by both parties at all times in an age appropriate car seat. 6. The parties shall participate in a course of co-parenting counseling with Deborah Salem or other professional selected by agreement of the parties. The purpose of the co-parenting counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their Child on a ongoing basis. All costs of the co-parenting counseling which are not covered by insurance shall be shared equally between the parties. 7. Within six months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to assist the parties in making adjustments to the partial custody arrangements. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Jo cc: Diane Radcliff, Esquire - Counsel for Mother Max J. Smith, Esquire - Counsel for Father CHRISTOPHER E. DOMINOSKI, · Plaintiff · vs. ' 03-486 COLLEEN E. DORSEY · Defendant ' IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 CURRENTLY IN CUSTODY OF Jocelyn Dorsey December 21, 2002 Mother 2. A Conciliation Conference was held on March 17, 2003, with the following individuals in attendance: The Father, Christopher E. Dominoski, with his counsel, Max J. Smith, Esquire and the Mother, Colleen E. Dorsey, with her counsel, Diane G. Radcliff, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date awn S. Sunday, Esquire Custody Conciliator