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HomeMy WebLinkAbout03-0867EARL L. KNISELY, JR., Plaintiff VS. AMY E. BATCHELOR, Defendant THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · No. CIVIL ACTION- AT LAW CUSTODY COMPI~AINT IN CII8TOI)¥ AND NOW, the Plaintiff, Earl L. Knisely, by and through Costopoulos, Esquire, makes the following Complaim in Custody: his attorney, Jeann~ B. The Plaintiff, Earl L. Knisely, is an adult individual who currently resides at 999 Oak Lane, Apt. E, New Cumberland, Cumberland County, Pennsylvania 17070. The Defendant, Amy E. Batchelor, is an adult individual whose address is unknown. The parties have one dependent child, Isabella Karis Knisely, bom June 22, 2001. The Plaintiff seeks primary of the following child: Present Residence /kga Isabella Kads Knisely unknown 19 mos. The child was bom out of wedlock. The child is presently in the custody of her Mother whose current address is unknown. Since birth, the child resided with the following persons and at the following addresses: Name Defendant Plaintiff Defendant 999 Oak Lane, Apt. E New Cumberland, PA 17070 Dams 2/22/03 to present birth to 2/22/03 The mother of the child is Amy E. Batchelor, Defendant, whose currem address is unknown. The father of the child is Earl L. Knisely, Plaintiff, currently residing at 999 Oak Lane, Apt. E, New Cumberland, Cumberland County, Pennsylvania 17070. Plaintiff and Defendant were never married to each other. 5. The relationship of the Plaintiff to the child is that of natural father. 6. The relationship of the Defendant to the child is that of natural mother. 7. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 9. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural father of the child. (b) Plaintiff has established a relationship with the chilc[ (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by the natural father. Plaintiff has been the child's primary caretaker since birth. Each parem whose parental rights to the child have not been terminated and the person (e) 10. who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a fight to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that he be granted primary physical custody of the child subject to periods of partial custody with Defendant. Respectfully submitted, Jeann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 EARL L. KNISELY, JR., Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. AMY E. BATCHELOR, Defendant CIVIL ACTION- AT LAW CUSTODY VERIi~ICATION I, Earl L. Knisely, Jr., hereby verify that the statemems made in the foregoing Custody Complaint are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: EARL L. KNISELY, JR. ~-' EARL L. KNISELY, JR., Plaintiff VS. AMY E. BATCHELOR, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. O3 -aC7 e. CIVIL ACTION- AT LAW CUSTODY ORDER OF COURT AND NOW, this~&4~x ~,=~ day of ,2003, upon consideration of Plaintiffs Petition for Emerge_ney Relief, it is hereby .or_d.ere. d and decreed that ~0~/~ 'r' ' '. ~'ai ~--! .--:-- qe~L.,:l.~ T~. ' 1~r ' ! · TW a ..... ! t~ · . ~',,~i,,.,, E~,l L. ~,;~iy, pending schedulin§ of a conference, ~ on the matt~ ~r EARL L. KNISELY, JR., Plaintiff VS. AMY E. BATCHELOR, Defendant THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :No. : : CIVIL ACTION - AT LAW :CUSTODY PETITION FOR EIVIERGENC¥ REI,1EF = REOIIESIT FOR ORDER FOR ~.~RARY PR~ARY P~SICAL CUSTODy ~ NOW, comes ~e Plaintiff, E~I L. ~sely, by ~d ~ou~ ~s a~m~, J~6 B. Costo~os, Esq~re, ~d res~ly avers ~e follomng in sup~ of ~s P~tion for Emergency Relief: 1. ~e Plmfiff, ~1 L. ~ly, is ~ M~t in~d~ who c~enfly resides m 999 O~ ~e, Apt. E, New ~rl~ Cm~rl~d Co~, Pe~sylvma 17070. 2. ~e Defen~L ~y E. Batchelor, is ~ ad~t ~hd~, who~ c~t a~ess is ~om. 3. ~e ~es have one de~ndent chl~ I~ella Kms ~sely, ~m J~e 22, 2001. 4. ~ Feb~ 22, 2003, ~fen~t told Plmfiff she w~ going m her mo~er's for br~L ~en left M~ ~e chld. She ~led ~ lair ~d i~om~ hm ~at she w~ m · e m~l ~d wo~d ~ home s~n. ~ter ~at ~y, she cme home ~out ~e chld ~d a~om~ by her sister, her fa~er, her a~L ~d vinous o~er ~ple ~om m Pl~nfiff who ente~ ~e home ~d ~ remohng ~e ~d ~hng ~ ~to ~xes. Plmfiff ~ sh~ked s~ce no~ng ~d ~ed r~nfly m ~ve Plmnfiff concern ~at ~fen~t ~ ~appy ~ ~ek ~lafio~p. Pl~nfiff~k~ ~fen~t why she was doing this and she said that she was leaving then turned and walked up the stairs. Plaintiff left, called his mother from a payphone a few blocks away, then went to his place of employment and called the police who informed him that there was nothing they could do. They further advised him to take note of what she took and to file a claim with District Justice Clement. 5. Plaintiff returned home to a disaster. Anything of value had been taken. 6. To date, Defendant has not informed Plaintiff of her address and has not contacted him in any way to arrange for him to see his daughter. 7. Plaintiff's family has always provided daycare while the parties' worked. It is unknown who is now providing daycare. As of the day prior to Defendant's departure, Defendant did not have a separate daycare provider as evidenced by the fact that Plaintiff was forced to take off work to watch the child when his mother was ill and could not watch the child and Defendant did not offer any alternative. 8. Plaintiff believes Defendant may leave the capital area as she has family in both Maryland and Philadelphia. 9. Plaintiff had been the child's primary caretaker since birth. Each workday he would get up and feed the child brealffast, dress the child, then drop her off at her maternal great- grandparents before work. After work, he would either pick her up from his mother's home (who would pick the child up from her parents shortly aRer lunch) or else his mother would return the child to him shortly after he returned from work. He would then make dinner for the family - who often included Defendant's mother. Most of the time, Plaintiff was the one who did the household shopping. He would also take the child with him most Saturdays to the laundermat. Plaintiff was the one who routinely took the child to doctor appointments. 10. Plaintiff has filed a Complaint for Custody simultaneously with this Petition and it is incorporated herein as though fully set forth. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Emergency Order granting him temporary primary physical custody of the child pending the scheduling of a conference or hearing on the matter. Respectfully submitted, Jeann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 EARL L. KNISELY, JR., Plaintiff : THE COURT OF COMMON PI~EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. AMY E. BATCHELOR, Defendant CIVIL ACTION- AT LAW CUSTODY VERII~ICATION I, Earl L. Knisely, Jr., hereby verify that the statemems made in the foregoing Petition for Emergency Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: EARL L. KNISELY, JR ..... EARL L. KNISELY, JR. PLAINTIFF AMY E. BATCHELOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-867 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 06, 2003 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sund~, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 27, 2003 at 10:30 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 age 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 hearing. FOR THE COURT, By: /s/ Dawn S. Sunrlav Esa. 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 32 South Bedford Street Carlisle, Pennsylvania 170 l 3 Telephone (717) 249-3166; EARL L. KNISLEY, Plaintiff VS. AMY E. BATCHELOR Defendant IN THE COURT OF COl CUMBERLAND COUNTY 03-867 CIVIL ACTI~ IN CUSTODY {MON PLEAS OF PENNSYLVANIA )N LAW ORDER OF COURT AND NOW, this ~;~ day of Re~p~ consideration of the attached Custody Conciliation s ordered and dire~ 1. The prior Order of this Court dated March 21, 2003 is modified to pe~ the parties for the sole purpose of effectuating the custody provisions of this Ord 2. The Father, Earl L. Knisley, and the Mother, Amy E. Batchelor, shall custody of Isabella Karis Knisley, born June 22, 2001. Each parent shall have ~ exercised jointly with the other parent, to make all major non-emergency decisic Child's general well-being including, but not limited to, all decisions regarding and religion. Pursuant to the terms of this paragraph each parent shall be entitle information pertaining to the Child including, but not limited to, school and mee information. 3. The Mother shall have primary physical custody of the Child. 4. Beginning on Saturday, March 29, 2003, and continuing for a period Father shall have partial physical custody of the Child on alternating weekends through Sunday at 4:00 pm (except for the first weekend which shall begin on S and every Tuesday and Thursday from 5:15 pm through 8:00 pm. , 2003, upon :ted as follows: mit contact between er. have shared legal n equal right, to be ns affecting the ter health, education t to all records and ical records and >f six weeks, the i'om Friday at 6:00 pm ~turday at 12:00 noon), 5. Beginning on Sunday, May 4, 2003, and continuing until, the second ct or agreement of the parties, the Father shall have custody of the Child every wed 12:00 noon through Wednesday morning, when the Father shall take the Child to Father may have custody of the Child at additional times as arranged by agreeme parties. 6. The parties acknowledge that it is their intention to cooperate in progre Father's periods of custody to the fullest extent which promotes the Child's best 7. Pending the second conciliation conference, the parties shall share hav: Child on holidays in accordance with this provision. The Father shall have custod Easter Sunday from 2:00 pm until 7:00 pm. The Mother shall have custody of the Day until 5:00 pm, when the Father shall begin his regular period of custody. Th custody of the Child during the day on Memorial Day and the Father shall have c with the specific times to be arranged by agreement. 8. Unless otherwise agreed between the parties or provided in this Order, custody shall take place at the maternal Grandmother's residence. 9. The Father shall initiate a course of counseling with Vivian Blanc or ot selected by agreement of the parties. The purpose of the counseling shall be to ad, by the Mother with regard to alcohol consumption and gambling. The frequency ~ counseling shall be determined by the counselor. The Father shall be responsible counseling. The Father shall obtain confirmation of his ongoing participation in c, counselor, which the Father shall make available to the Mother or her counsel. 10. The Father shall submit to random alcohol testing using the testing prc the Mother or her counsel at the specific times selected by the Mother or her coun authorize the Mother's counsel to obtain all test results promptly. The Father sha] pay all costs of testing. 11. In the event an alcohol test result indicates alcohol consumption by the the Father's periods of custody with the Child shall be suspended pending a conci which shall be scheduled at the request of counsel for either party. 12. The Father shall permit visits at any time during his custodial periods Grandfather as arranged between the Grandfather and the Mother. nciliation conference : from Sunday at the babysitter. The at between the ;sively expanding the nterests. ag custody of the y of the Child on Child on Mother's ~ Mother shall have ~stody after work, tll exchanges of ~er professional tress concems raised md duration of the to pay all costs of )unseling from the cedure designated by sel. The Father shall be responsible to Father at any level, iation conference ,y the paternal 13. The parties and their counsel shall attend a second custody conciliati( office of the conciliator, Dawn Sunday, on Tuesday, June 10, 2003 at 1:00 pm. 14. This Order is entered pursuant to an agreement of the parties at a Cus Conference. The parties may modify the provisions of this Order by mutual mutual consent, the terms of this Order shall control n conference in the ody Conciliation In the absence of Edward E. Guido cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Margaret M. Simok, Esquire - Counsel for Mother Jo EARL L. KNISLEY, Plaintiff VS. AMY E. BATCHELOR Defendant IN THE COURT OF CO CUMBERLAND COUNTY · 03-867 CIVIL ACTI, IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the follo' 1. The pertinent information conceming the Child who is the subject follows: NAME DATE OF BIRTH CURRENTLY IN C1 Isabella Karis Knisely June 22, 2001 Mother 2. A Conciliation Conference was held on March 27, 2003, with the fol attendance: The Father, Earl L. Knisley, with his counsel, Jeanne' B. Costopm Mother, Amy E. Batchelor, with her counsel, Margaret M. Simok, Esquire. 3. The parties agreed to entry of an Order in the form as attached· Date wn S. Sunday, Esquire Custody Conciliator dMON PLEAS OF PENNSYLVANIA }N LAW RULE OF CIVIL Mng report: this litigation is as JSTODY OF owing individuals in los, Esquire and the EARL L. KNISLEY, Plaintiff VS. AMY E. BATCHELOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-867 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~_~f~ day of ~ ~,~ , 2003, upon consideration of the attached Custody Conciliation {ifeport, it is ordered and directed as follows: 1. The prior Order of this Court dated March 21, 2003, is modified to permit contact between the parties for the sole purpose of effectuating the custody provisions of this Order. The prior Order of this Court dated April 8, 2003 is vacated and replaced with this Order. 2. The Father, Earl L. Knisley, and the Mother, Amy E. Batchelor, shall have shared legal custody of Isabella Karis Knisley, bom June 22, 2001. 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have custody of the Child on altemating weekends, beginning Jtme 14, 2003, every Saturday and Sunday from 10:00 am tmtil 7:00 pm and every Wednesday after daycare between 4:00 pm and 4:30 pm through 8:00 pm. The Father may also have custody of the Child at any additional times as arranged by agreement between the parties. 5. The parties shall share or altemate having custody of the Child on holidays as arranged by agreement. 6. The Mother shall have an uninterrupted period of custody for vacation during the last week in August, 2003. The parties shall cooperate in rescheduling any periods of custody which the Father will miss due to the Mother's vacation. 7. The Father shall continue his course of counseling with Vivian Blanc for the purpose of addressing concerns raised by the Mother with regard to alcohol consumption and gambling. The frequency and duration of the counseling shall be determined by the counselor. The Father shall be responsible to pay all costs of counseling. The Father shall provide confirmation from the counselor of his ongoing participation in counseling to the Mother's counsel and shall sign all releases necessary to enable the counselor to provide written recommendations to the Mother or her counsel. 8. The Father shall refrain from consuming alcohol prior to and during periods of custody with the Child. The Father shall submit to random alcohol testing at the time of exchanges (pick up or drop off) of custody using the testing procedure designated by the Mother or her counsel. The Father shall pay all costs of testing. 9. In the event an alcohol test result indicates alcohol consumption by the Father at any level, the Father's periods of custody with the Child shall be suspended pending a conciliation conference which shall be scheduled at the request of counsel for either party. 10. Within six months after completion of the counselor's assessment and receipt by counsel of the counselor's written recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary at that time. The conference shall not be scheduled before August 11, 2003. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of the Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY' Edward E. Guido cc: ,~l/ryan S. Walk, Esquire - Counsel for Father v,J/oan Carey, Esquire and Shaleeta Washington, Legal Intern - Counsel for Mother EARL L. KNISLEY, Plaintiff VS. AMY E. BATCHELOR Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-867 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLANiD 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 Isabella Karis Knisely June 22, 2001 Mother 2. A Conciliation Conference was held on June 10, 2003, with the following individuals in attendance: The Father, Earl L. Knisley, with his counsel, Bryan S. Walk, Esquire, and the Mother, Amy E. Batchelor, and her counsel, Joan Carey, Esquire, and Shaleeta Washington, Legal Intern. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquiqe Custody Conciliator