HomeMy WebLinkAbout98-02153
\
\
\
\
\
\
~oA
..
.i
o
'.
'-.
\
\
,
.1
I
I
1
/
,
I'
\
-
.;' \
'.. \
c:.)\
\
\C'\\
"" \
-
C'\ \
.
\,)0\
~\
~\
",
Andrew c. ahflely, EBCJll i1'8
127 S, Market Street
p ,0', OOX 95
Meohanio.burg, VA 1705S
PA 10 NO, 62469
117-697-7050 (Phone)
717-697-7065 (Fax)
CHRISTINA L. DELIZIO,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
I CIVIL ACTION - LAW
I
I 9B -' 6)153 CIVIL TERM
DAVID C. LEESE,
Defendant
IN CUSTODY
ORDBR...J~r..~!.l!lR'J,'
AND NOW, L\ IS) Lg8. ....,=, 199B, upon consideration of
the attached petition, it is hereby dir\..^~(f.~~~jt the part es and
their respective counsel appear before . -..". .' . .. ,:;:-
_" _, the' conciliator, at .. ''l,(j;:;:'
~t\~~'~~~a~\ ~\~"ll~ . ,. 199"B', "at
\c.:)~m o'clock~.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 also be
present at the conference. Failure to appear at the conference
may provide grounds for entry of a tempor.ary or permanent order.
FOR 'l'HE COURT,
BY:~JLO~'~I~
- Custody Co ciliator l \~'.
The Court of Common Pleas of Cumberland County is requ.ired by law
to comply with the Americans with Disabilities Act of 1990. F'or
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 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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, pennsylvania 17013
(717) 249-6200
. Trindle Road, Mechanicsburg, Pennsylvania location.
8. No prior custody order or agreement exists between the
parties involving the child and Plaintiff has no knowledge of any
other litigation concerning the custody of the child in this or
another court and Plaintiff has no information of a custody
proceeding concerning the child pending in a court of this
Commonwealth.
9. 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.
10. Since the child's birth, the parties have been without a
formal custody agreement or Order of Court regulating custody of
the child resulting in sporadic contacts between Defendant/Father
and the child all to the child's detriment.
11. A regular and routine custody contact period between
Mother, Father and child is warranted and in the best interest of
the child.
12. The best interests and permanent welfare of the child,
Lauren M. Leese, will be served by ordering that both parties
share legal and with Plaintiff having primary physical custody of
the child and Defendant having secondary physical custody of the
child for the following reasons:
(A) Plaintiff is a fit parent who can take care of her child
and who can provide her with a supportive, safe and healthy
environment; and
(B) Plaintiff has resided almost exclusively with the child
since her birth and Plaintiff has been the primary caretaKer of
the child since birth, with Defendant having sporadic and
irregular custody contacts;
(C) Defendant's conduct and behavior is not in the best
interest of the child in that:
(i) Defendant has failed to seek regular and routine contact
with the child; and
(ii) Defendant has refused to communicate regularly with
Plaintiff concerning the child and Defendant continues to act in an
irresponsible manner without consideration of the interests of the
minor child; and
(iii) Defendant has refused to participate in a meaningful and
nurturing relationship with the child and has refused to recognize
fundamental responsibilities as father of the child.
13. plaintiff is capable and willing to insure that the child
attends and is prepared for daily school activities.
14. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child have
been n&ned as parties to this action.
WHEREFORE, CHRISTINA L. DELIZIO, plaintiff, respectfully requests
that your Honorable Court enter an Order of Court which grants her legal
and primary physical custody of the minor child.
Datel April /11, 1998
Respectfully SUbm~' t d,
~f('1 .
Andrew C. Shee y, E 're
Attorney for Plaintiff
PA 10 NO. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (FAX)
f
. .
June 15 through August 15 of each year, provided Father provides
Mother with thirty (30) days advance notice of when he plans to
take a summer vacation with the child. Father may request two
(2) separate periods of summer vacation, provided each period does
not to exceed seven (7) days.
(4) Holidays. During the Easter, Thanksgiving and Christmas
Holidays, Father shall be entitled to a period of five (5) hours
beginning at 1:00 p.m. and continuing t.hrough 6:00 p.m. on such
day. It is the intent of the parties to share physical custody of
the child on each of these Holidays. In the event a pardes
custody period shall occur on such Holiday, the parties agree that
custody period shall modify to conform with the Holiday contact
period as set forth in this Agreement.
(5) &kUUQJlil.l_ times L Father and Mother agree that the time
provisions of this Agreement may be modified provided both parties
agree.
(6) :l'..l;.ansportatJ,tm... Father and Mother shall generally share
transportation for the pickup of the child at the commencement and
termination of the time periods set forth above. In the event Mother or
Father is unable to comply with the pickup times set forth, he or she
shall provide the other party with at least two (2) hours advance
notice, when possible, of his or her inability to comply with the time
constraints Bet forth herein. Mother shall provide for transportation of
the child at the end of the weekend periods set forth above. Father
shall provide for all transportation on Wednesday evenings and at the
beginning of the weekend periods set forth above.
(7) ~ge.ncies. Father and ~other shall advise each other
immediately relative to any emergencies concerning the child and shall
further take any necessary steps to insure that the health and well
being of the child is always pr.otected. The parties shall provide each
2
other with all home and work telephone numbers, as well as current
addresses for the residence of the child.
(8) Ilnl.9LAl.c.oll2l-_.\lIUt. Father and Mother shall refrain from the use
of any and all non-prescriptive drugs and alcohol while in the presence
of the child and during their respective periods of physical custody.
(9) ~e~epbQne_~QDtact. Father and Mother agree to allow each other
to speak with the child at any and all reasonable times as requested by
either party and that they shall avoid telephone contacts with the child
which occur after the child's bedtime.
(lO)~trAngement... Neither parent shall do anything which may
estrange the child from the other party, or injur.e the opinion of the
child as to the other party, or which may hamper the free and natural
development of the child's love or affection for the other party.
(11) Modificatiqrr... Any substantial modification or waiver of any
of the provisions of this Agreement shall be effective only if made in
writing and only if executed with the same formality as this Agreement.
In the event any Cour.t deelns this Custody Agreement unenforceable due to
changed or unforseen circumstances, such decision shall have no effect
on the remaining portions of this Agreement.
(12) Jurisdiction... The parties agree that any Court of competent
jurisdiction may enforce or modify relevant portions of this Agreement.
The parties further acknowledge that either party may petition any Court
with appropriate jurisdiction over the child should circumstances change
and either party desire or require modification of this Agreement. The
parties further acknowledge and agree that the laws of Pennsylvania
shall govern any custody proceeding ini.tiated in any Court of competent
jurisdiction.
3
?i; ,.., ~
~fj c:; E..;
('\j '"
'-' .
.. ~:' - () :c.
f '.. I."';:;
'-'..
,: 0., .-::-.',
'J"j
h:l II) ". ~..
I ."t,['(~
Lt, r!: ;l'}~~
'r IIJJ1:
k :iff (\1
Lt" ~ i1
Q Ol
{';
, .
CHRISTINA I, DELIZIO
PLAINTJIlF
V,
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DA VID C. LEESE
DEFENDANT
98-2153 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COIJRT
AND NOW, this __ 23rd day of ~ay_, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appeur befonMellssa I', Groovy, Esq. ,the conciliutor,
at 214 Son ate Avenue, SuUe lOS, Camp Hili, PAI701t _____, on the 5th day of ~~ , 2000, ut 1:15 PM ._
for a Pre. Hearing Custody Conference, At slll:h conference, un effort will be mude to resolve thc issues in dispute; 01'
if this cannot be uccomplished, to define und narrow the issues to be heurd hy the court, und to enler into II tempol'llry
order, All children age five or oldermuy ulso be prcscnt at thc conlerence, FIIi/ure to uppcar ut the conference may
provide grounds for entry of a temporary or pcrmanent ordcr,
FOR THE COURT,
By: 151
Melissa p, Greev.y. ES~0
Custody Conciliator '
The Court of Common Plells ofCumhcrlund County is required hy law to comply with the Americans
with Disabilites Act of 1990. For infomlUtion ubout ucccssiblc facilities and reasonable accommodations
available to disabled individuals having business he fore the court, please contact our office, All arrangements
must be made at least 72 hours prior to any hearing or husincss before the court. You must attend the
scheduled conference or hearing,
YOU SHOULD TAKE THIS PAPER TO YOUR A'lTORNEY 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.
Cumherland County Bar Association
2 Li bel1y A ven ue
Carlisle. Pennsylvania 17013
Telephone (717) 249.3166
.
OHRISTINA L. DELlZIO, . IN THE OOURT OF OOMMON PI.EAS
Plaintiff, ,. OUMBERLAND, PENNSYLVANIA
.
VB. . NO. 98.2163
.
DAVID O. LEESE, . CIVIL ACTION. LAW
Defendant. " IN CUSTODY
PETITION TO MODIFY ORDER OF CUSTODY
AND NOW, Plaintiff, by and through his attorney Edward J. Weintraub, Esquire,
flies a Petition to Modify Order of Custody, and In support thersof, avers the following:
1. Plaintiff Is CHRISTINA DELlZIO, Mother, who currsntly resides at 1429
Apple Drlvs, Apt. 151, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is DAVID LEESE, Father, who currently resides at 5244 E.
Trlndls Road, Mechanicsburg, Cumberland County, Pennsylvania 17055,
3. The parties hersto are the parents of the following minor child who
currsntly reside at 1429 Apple Drive, Apt. 151, Mechanlcsburg, Cumbsrland County,
Pennsylvania 17055:
Lauren Lsese
Age 4
4. On June 3, 1998, the Court entered an Order of Court, granting
Defendant shared legal and partial physical custody of the children, and granting
primary physical custody of the children to the Plaintiff. A true and correct copy af
this Order is marked Exhibit" A," attached hereto, and mada psrt thereof.
5. The best interest and permanent welfare of the child will be served by a
modification of the Court's Order, specifically: eliminating all mld.week
visits, reducing and restricting weekend and holiday visits until Father
deals with his chemical dependency problem.
'.
~~...
(j0~~ .
~",'O\e ~...O
~O 01S
~O ~O~
~~ ~~~"
~"'~~~~
~e~"'~\ 'I> ~
0(S. ~e
.~ ~~
,~'\ ~...
0'" Off.
~e'l>~~e,e~
~\\ '0'"
~(\ ~~,
~\fi. ~0'1>
~~, '{J.(\~
~~O 00
.'>.~~ ~0~..s
~'{' ...0
~0~
'0. O~
,...'"
b'\~
((\0
O'
~......e
~~
/''O~
~,~~
,/
(<~
~.....~'\
~ I\;r \')
~0" O~ ~ CO...~eO
o~'d~~~~~1"
qJ ~'\- ~ ,
~~~~O~ ~O~'" '\'\)-00
\)--<\ ~O ~~~' ;l,'}:
1-'0 .~,'O'Q 1-'!>'O r>.'
~fI.\ 1\ 1r>.
:'\' \\'
\ ~.
\.
~ 0 I [:;
hJ1; c"
\ ~-""
~ l I
,J:.' f ~ ('.'-
~I'" C'(, l)
}I ~.
III
(L'I, ..., !:,
,-
L ~-l': ':';': , , .l~
I. ~=
Ie c> ';
() c, ()
'.
~ -."
CHRISTINA L. DELlZIO, . IN THE COURT OF COMMON PLEAS
Plaintiff , . CUMBERLAND, PENNSYLVANIA
.
VI. . NO. 98.2163
.
DAVID C. LEESE, . CIVIL ACTION. LAW
Defendant. . IN CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF
AND NOW, this 24 day of May, 2000 personally appesred before me, a Notary
Public In and for the aforesaid Commonwealth and County, Misty D. Lehman, who
being duly sworn according to law, deposes and says that on May 19, 2000, she
mallod a certified copy of a Temporary Protection From Abuse Order by certified mail,
restricted delivery, return receipt requested, to David C. Leese and the same was
received by him on May 22, 2000 as indicated by ths return receipt card which is
attached hereto.
:i1)/?_iiLj (J ,rdjvIYl~
Misty D. Lehman
Sworn ~:;nd subscribed before me
on this _ day of /)t1M! '
2000.
1J~
tary Pu c
Notarial Seal
Clu..na J. Strammel, Notary Publio
Ha"18burg, Dauphin Oounty
My Comml881on expires Oot. 2, 2000
>.. 01 (~
C!,; ..:!
j-" .. :~-j
,f", N lJ
~f.: ,
,c,
~n i ')
N , ..
>,",- \!L,j
.,;, , ;"-iiJ..
I' :0.: ..~:;:
lA- C) ~::J
~'_' (;> U
'. r
JUN ] 9 2001l kI'
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No, 98.2153 CIVIL ACTION" LAW
IN CUSTODY
CHRISTINA I. DELlZIO,
Plaintiff,
DAVID C. LEESE,
Defendant.
QB.QfR OF COURT
AND NOW, this ___:f::Q_ day of ~~::., 2000, upon consideration
of the attached Custody Conciliation Report, It is ordered and directed as
follows:
1. The June 3, 1998 Order of Judge Bayley based on the May 27, 1998
Stipulation of the parties shall continue to be In full force and effect except as
modified below.
2. Within one week of the June S, 2000 Conciliation Conference,
Father, David C. Leese, shall schedule an appointment for a drug and alcohol
evaluation for himself. The evaluator shall be a recognized provider of
chemical dependency treatment I.e., Gaudenzia or Mazettl & Sullivan, His
counsel shall notify Mother's counsel of the name of the evaluator.
3. Mother, Christina I. Dellzlo, shall be permitted to have written
Input to the evaluator regarding her concerns and experiences with regard to
the allegations of allegations of alcohol use by the Father.
4. Payment for the evaluation shall be as follows:
a. Via Father's Insurance If available; or
b. 10096 Father's responsibility In the event that the evaluator
finds that some form of treatment for chemical abuse or dependence is
recommended; or
c. Shared prorata between the parties In the event that the
evaluator finds that Father has no need for chemical abuse or dependency