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HomeMy WebLinkAbout00-05545 , . EUGENE KLAHOLD PLAINTIFF Y NANCY DETWEILER & HANNALORE DETWEILER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-5545 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 15th day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp HiD, PA 17011 on the 12th day of September, 2000, at 1:00 PM 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, FOR THE COURT, By: Isl Melissa P. Greevy, Esq.1J1 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE IF YOU DO NOT HAVE AN ATIORNEY 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 17013 Telephone (717) 249-3166 . ~~ ~~".. "-. =.~~',_""", ,~ ~ C'~ ,__, , --,.,., " , ~ "e" _o'''~__,_ ',1.",,[. ',,_ ..;i __, .... . ~,' ,,' "?",. '~o,-,,-. <,',~~~;~'",-~ ,~"", II..,. ~ ""=""~r~;k" ~'jf'd"""'~"';',:"j':'- '" ~ nLE.f},{';j::FICE OF T .. pcYU.J!\:or pRY 00 MIG \ S 1'\'1 2: \ 8 CUMStHJ+:D COUNW PENNSYLVANIA f,/s.6JtJ W. ~ /~ Z, 4~ f;s-t?t? ~,~ ~ 4 ~-I- ~~ ~-;S-:-CJP t:#'# ~ ~ ~ ~ ';,,,.,.,.,.._,,-< " ,.,~~Ji'~i!!mll'~,~ ,~ ~..!IIl!! '''' ", 1!l3,,_~"'_! ,.1"""". ~ ,~=Aa\ll1lii;l1!i'j:.~{i!~'1~1-~""'0'''~~Ii!J,~PII!~_~",",''~ ,,,,,'o,~fil;;j;f~~JW <^ , _~o_~ .- "!I.i_lIt~k,- EUGENE KLAHOLD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. , NO. OO-S5LfS e;;.J2 NANCY DETWEILER and HANNALORE DETWEILER Defendants CUSTODY ORDER OF COURT AND NOW, , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2000, at 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 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. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EUGENE KLAHOLD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NANCY DETWIELER and HANNALORE DETWEILER Defendants NO: 00- S'S"~S G~~c.. '-r~ CIVIL ACTION - CUSTODY VS. COMPLAINT FOR CUSTODY Ii , Ii " 'I Ii , " Ii " 11 Ii AND NOW comes your Plaintiff, EUGENE KLAHOLD, by his attorney, Gregory J. Katshir, Esquire, with the following Complaint for Custody, wherein it is averred as follows: 1. Your Plaintiff is this custody action is Eugene Klahold, an adult individual residing at 2426 Pleasantview Drive, York, County of York, Commonwealth of Pennsylvania, 17402. 2. Defendant, Nancy Detweiler, an adult individual residing at 6220 Charing Cross, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 3. Defendant, Hannalore Detweiler is an adult individual whose last known address is 533 Lioners Creek Road, Dallastown, County of York, Commonwealth of Pennsylvania 17313 4. Your Plaintiff seeks custody of the minor child, MICHAEL EUGENE KLAHOLD, age 8, having been born on December 30, 1991. 5. The child was born out of wedlock, and is the son of Plaintiff and Defendant Hannalore Detweiler. 6. The minor child is presently in the custody of his maternal grandmother, Nancy Detweiler, the Defendant in this action, who resides at 6220 Charing Cross, Mechanicsburg PA. .-- - , Rk 7. During the past five years, the child has resided with the following persons and at the following addresses: i. 6220 Charing Cross, Mechanicsburg, PA with the child's maternal grandmother. S. The relationship of the Defendant Nancy Detweiler in this custody action, to the minor child is that of the maternal grandmother mother. Her current address is 6220 Charing Cross, Mechanicsburg PA. The relationship of the Defendant Hannalore Detweiler in this custody action to the minor child is that of the natural mother. Her last known address is 533 Lioners Creek Road, Dallastown PA. 9. The relationship of the Plaintiff in this custody action, to the minor child, is that of being the natural father. He currently resides at 2426 Pleasantview Drive, York, York County, Commonwealth of Pennsylvania, 17070. Plaintiff is not married, nor has ever been married, to either Defendant. 10. In 1991, the" parties were involved in a dependency action regarding the minor child at No. 95 Juvenile 1991 in the Court of Common Pleas, Cumberland County. Pursuant to said proceedings, Defendant Nancy Detweiler was granted temporary physical custody of the minor child with periods of partial custody to Plaintiff. Your Plaintiff has no information concerning any other custody proceeding in any other jurisdiction or forum. 11. Your Plaintiff does not know of any person, who is not a party to these proceedings, who would have physical custody or ~- ~!. visitation rights with respect to the minor child. 12. Your Plaintiff has named each parent as a party to this action. The parental rights of each parent have not been terminated, and the natural mother is included as a party. 13. The best interests and permanent welfare of the minor child would best be served by granting custody to his father. The father is able to provide for the permanent needs of the minor child, and can provide a warm, loving and nurturing environment. Over the past two (2) years, maternal grandmother has refused to allow any contact between Plaintiff and the minor child and has therefore attempted to sever their father-son relationship. Additionally, the minor child's natural sister resides with Plaintiff. Maternal grandmother is also prohibiting any contact between the siblings. It would be in the best interest of the minor child for custody to be granted to Plaintiff. WHEREFORE, Eugene Klahold, Plaintiff in this Custody action, requests this Honorable Court to grant him custody of the minor child, plus grant such other relief as may be appropriate. submitted, . Katshir, Esquire Attorn y for Plaintiff PA ID #61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 '-. VERIFICATION OF KNOWLEDGE, INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: olJ/atJ E~~U!i$ x filiI :\, L OCT 0 32000tIJ EUGENE KLAHOLD, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5545 NANCY DETWEILER & HANNALORE DETWEILER, Defendants CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 4/" day of Oc,.h,J,u' ,2000, upon consideration of the attached Custody Conciliation Summary Report and agreement of the parties, it is hereby ordered and directed as follows: 1, The Father, Eugene Klahold, and the Maternal Grandmother, Nancy (Detweiler) Schamens, shall have shared legal custody of the minor Child, Michael Eugene Klahold, born September 30, 1991, 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 his 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. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The Maternal Grandmother shall permit reasonable telephone contact between the Father and the Child with an understanding that frequent and continuing contact is necessary to rebuild the relationship between the minor Child and the Father. 3, The parties shall extend their complete cooperation unto the Child's therapist, Anthea L Stebbins, of Inner Works, Failure to do so shall constitute a direct violation of this Order of Court, The goals of counseling shall be to work toward a reconciliation of the relationship between the minor Child and the Father. It is contemplated that the culmination of these counseling sessions shall include gradually increasing periods of partial custody up to including overnight and complete weekend visits for the Father. Ms. Stebbins shall guide the frequency and progress of the visits to move along at as quick of a pace as would be in the best interest of the minor Child, 4, Father may, at his own expense, include a co-therapist in the reconciliation work being done with Ms. Stebbins, 5. In light of the Child's asthmatic condition, there shall be no smoking by persons in the presence of the minor Child during any period of partial custody or visitation. .~MII_ --' -", ~- - _.~ ,~ . """-~" ",,---, ~'"- "~~""'~~.~m"...........,_m~~~i1""~ "".=.~.~....."tIIil-J~ Vil'iv'~1J..SNN3d f ff>.f(inr-, r~,}'rrJ,l..f:;Pti"ln"" 1\..LJ'4.j,."u -, ,_ '___,.__.,_,' 'IV LJ "/ WI . 1"jO ,^.f:NlOi\(i. ~]:J!j::!O .~ ~- ~-~.-- d ,. lr,O n(l 'i- J \1\) "(Tn.".j "-'''''' 'r ~ ~~'"'~' =~-, .,) '~'~__r " ,''__ " ~~ ~ oiIiiiIi-_~ W~ ~ ,~- .~~ . NO. 00-5545 BY THE COURT, Y1J Dist: Greg Katshir, Esquire, 900 Market Street, Lemoyne, PA 17043 Bruce D. Foreman, 4409 N. Front Street, Harrisburg, PA 17110-1709 t.~ -fYl~ IO.j-OO f\XS . 0 ~ I II I EUGENE KLAHOLD, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5545 NANCY DETWEILER & HANNALORE DETWEILER, Defendants CIVIL ACTION - LAW CUSTODY Michael Eugene Klahold December 30, 1991 Maternal Grandmother I I I I I I I i I I 'I I I I I i I 1 I I I I \ 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 2. A Conciliation Conference was held on September 12, 2000, with the following individuals in attendance: Eugene Klahold, the Father, and his counsel, Greg Katshir, Esquire; Maternal Grandmother, Nancy Detweiler, and her counsel, Bruce Foreman, Esquire. The Mother, Hannalore Detweiler, did not attend the Conference. Mr. Foreman, the Maternal Grandmother's counsel, reports that Mother was served with a copy of the Order. However, as he describes it, she lives a rather nomadic existence and visits only briefly on occasion. He reports that she has never had physical custody of the subject Child. Maternal Grandmother received custody through dependency proceedings through an Order of Dependency issued by Judge Hoffer. These proceedings apparently took place early in the Child's infancy. 3. The parties were able to reach an agreement for a Temporary Order and shall return to the Custody Conciliator on December 5, 2000, at 11 :15 AM for an additional COOfe~Q6 9/Mli! U{~ Date -iJc. Melissa Peel Greevy, E~ Custody Conciliator 11ilr""." ~ . ". t' EUGENE KLAHOLD, Plaintiff VS. NANCY DETWEILER SCHAMENS & HANNALORE DETWEILER Defendants ,~.. .- - '-"~" -, - ~- .-,: t-R:." - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 00-5545 CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this :30 ~ day of No......t- , 2000, upon the motion by Gregory J. Katshir, Esquire, counsel for Plaintiff, and Bruce D. Foreman, Esquire, counsel for Defendant, Nancy Detweiler Schamens and in accordance with the Stipulation filed herewith, it is ORDERED and DECREED that the terms and provisions of the parties' Custody Agreement concerning the minor child, Michael Eugene Klahold, shall hereafter be binding upon them as an Order of Court as though entered after hearing. Gregory J. Katshir, Esquire 900 Market Street Lemoyne PA 17043 Attorney for Plaintiff Bruce D. Foreman, Esquire 4409 North Front Street Harrisburg PA 17110 By the Court, ,Ji J. ~ ~ j.;J ,j-/J{) ,LJ- . ,~.......,,- '--Bul ~ri' '~"llili'~..w:~~~"' "~;j<m!ll~w~~;<>~):,<";;",:t~"~;@;' '" ~i<5\~iiil=';""";"'.......J - ~~ ~,~ -Jij'" ~J\~ JJ1'lnoa G~t\;11V'lf\O oZ \~ "d OUSl" 00 J-,'r.N),.O\-$.)'ri).O',id ::k~' :\0 ~",\ '.,,-(1"::\~'~ :),v\:;i:;;I\.F J.... lto., ~ ~ ~-, ~ -, < .~ .. . ~~ -'u_liliBilil!lllllld " '" - .,- -~, -,,,- -- "'-,;1 I .=' " ~'~,. ~~.l&1<11i>_! EUGENE KLAHOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NANCY DETWEILER SCHAMENS & HANNALORE DETWEILER Defendants NO. 5545 CIVIL 2000 IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between EUGENE KLAHOLD (hereinafter referred to as "Father") and NANCY DETWEILER SCHAMENS(hereinafter referred to as "Grandmother"). WHEREAS, the parties are the natural Father and maternal Grandmother of Michael Eugene Klahold, born December 30, 1991 (hereinafter referred to as the "child"; and WHEREAS, the parties wish to modify a prior Order of Court issued by the Common Pleas of Cumberland County on October 4, 2000, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. The parties shall be considered to have joint (otherwise referred to as shared) legal custody of the child, as the same is considered to exist under applicable Pennsylvania law. It is . . , .~ specifically noted and acknowledged that the Father shall have access to all medical, health, school, activity and other information relating to the child, and shall be afforded all rights established under applicable Pennsylvania law. 2. The provisions set forth herein, for appropriate custody time for the Father, are considered to be a minimum. Nothing contained herein should be considered to limit the Father to time set forth herein. The Father shall have such additional custody time as the parties shall agree. 3. The primary physical custody of the minor child shall continue to be with Grandmother. 4. Father shall have periods of visitation and/or partial custody as follows: A. On November 11, 2000, Grandmother shall deliver child to the Hampden Township Park at 1:00 p.m. Father shall exercise visitation with child at the Park, weather permitting, from 1:00 p.m. to 3:00 p.m. In the event that the weather is inclement, Father shall, with cooperation of Grandmother, exercise visitation at another appropriate location, e.g. bowling alley. Grandmother shall pick-up child at 3:00 p.m. at the Park or other designated location. B. On every other Saturday subsequent to November 11, 2000, Father shall have visitation and/or partial custody with child commencing at 1:00 p.m. The parties are to cooperate to set specific visitation/partial custody end times and location of visits. No visit shall be less than two (2) hours in time. Note that it is the specific intent of the parties that each subsequent visit will lengthen in time and will result in overnight and weekend periods of partial custody. C. At any other time as the parties may mutually agree upon. ~-'~ ~, , " .' 5. The Maternal Grandmother shall allow reasonable telephone contact between the Father and Child with an understanding that frequent and continuing contact is necessary to rebuild the relationship between Father and Child. There shall be no smoking by persons in the presence of the Child during any period of visitation or partial custody. 6. If the parties are unable to cooperate to establish visitation and partial custody times, or times that either feel are appropriate, either party may, within sixty (60) days of the date of this Order of Court, contact the Custody Conciliator, Melissa Peel Greevy, Esquire, to set a second Conciliation. 7. Neither parent shall do anything which may estrange the child from the other party, or injure 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. 8. 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 child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 9. The parties desire that the within Stipulation and Agreement be made an Order of Court in the Court of Common Pleas of Cumberland County, which court has jurisdiction of the instant " proceedings based upon the parties' ongoing residence in Cumberland County. 10. The parties may modify this Agreement by mutual agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set their hands and seals the day and the year herein mentioned. " L-~ ~ Nancy D -~ weiler Schamens !lIll!IIllIiiiI' - .1";"'1 OCT ~ 3 ZDDOW EUGENE KLAHOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 00-5545 NANCY DETWEILER & HANNALORE DETWEILER, Defendants CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 4t.b day of (!) c.hobe R , 2000, upon consideration of the attached Custody Conciliation Summary Report and agreement of the parties, it is hereby ordered and directed as follows: 1, The Father, Eugene Klahold, and the Maternal Grandmother, Nancy (Detweiler) Schamens, shaH have shared legal custody of the minor Child, Michael Eugene Klahold, born September 30, 1'991, 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 his 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, To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent 2, The Maternal Grandmother shall permit reasonable telephone contact between the Father and the Child with an understanding that frequent and continuing contact is necessary to rebuild the relationship between the minor Child and the Father. 3, The parties shall extend their complete cooperation unto the Child's therapist, Anthea L, Stebbins, of Inner Works, Failure to do so shall constitute a direct violation of this Order of Court, The goals of counseling shall be to work toward a reconciliation of the relationship between the minor Child and the Father. It is contemplated that the culmination of these counseling sessions shall include gradually increasing periods of partial custody up to including overnight and complete weekend visits for the Father. Ms, Stebbins shall guide the frequency and progress of the visits to move along at as quick of a pace as would be in the best interest of the minor Child, 4, Father may, at his own expense, include a co-therapist in the reconciliation work being done with Ms, Stebbins, 5, In light of the Child's asthmatic condition, there shall be no smoking by persons in the presence of the minor Child during any period of partial custody or visitation, ~YIf'6" JIk Ii ~" -,'~ i NO, 00-5545 BY THE COURT, /5/ tI/lX~ 51. 1I11lfl J Kevi A. Hess, J, Dist: Greg Katshir, Esquire, 900 Market Street. Lemoyne, PA 17043 Bruce D. Foreman, 4409 N. Front Street. Harrisburg, PA 17110-1709 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa, T~i ......:$,.... Jy~Of.'...(Qc,t,..,#; . . ....:!:f...:... . . ..,.. .. rothonGtary ~ "~ ~~ W_' , EUGENE KLAHOLD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 00-5545 NANCY DETWEILER & HANNALORE DETWEILER, Defendants CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigf1ed Custody Conciliator submits thef0\1owing 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 Michael Eugene Klahold December 30, 1991 Maternal Grandmother 2, A Conciliation Conference was held on September 12,2000, with the following individuals in attendance: Eugene Klahold, the Father, and his counsel, Greg Katshir, Esquire; Maternal Grandmother, Nancy Detweiler, and her counsel, Bruce Foreman, Esquire. The Mother, Hannalore Detweiler, did not attend the Conference. Mr. Foreman, the Maternal Grandmother's counsel, reports that Mother was served with a copy of the Order. However, as he describes it, she lives a rather nomadic existence and visits only briefly on occasion. He reports that she has never had physical custody of the subject Child, Maternal Grandmother received custody through dependency proceedings through an Order of Dependency issued by Judge Hoffer. These proceedings apparently took place early in the Child's infancy, 3, The parties were able to reach an agreement for a Temporary Order and shall return to the Custody Conciliator on December 5, 2000, at 11: 15 AM for an additional COOfu"a6 9/hm L!{~ Date LJc. Melissa Peel Greevy, E~ Custody Conciliator