Loading...
HomeMy WebLinkAbout00-06850 ,'~ .'< ,,] .1. 'iliIIJ Lh...Jlil.lr.EiI!li:\,,,: , PHILIP MISTRETTA, III PLAINTIFF V. NADINE eRA VER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-6850 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 13th day of October, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa F. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, FA 17011 on the 14th day of Novemher ,2000, at --.!!:OO a.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 mSIY provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Melissa P. Greevy. E~ 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 HA VB 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 17013 Telephone (717) 249.3166 I I II I I. ~ :.~ Il"i!li(q ~<~- . .~ -' . .'~ ~ ~ ,~-" " ~ ~ '" .',- ,,-, on n,('T J ," ,. _ .J!", j I t) ::;: ~8 C'"', IJrVitJ:' (:,: i,., t, ,-- " ~: 'L!'jIU I ,,:llll Tv PENNSYL\lj..,\Jll.....J \f I I ~. 11 '';/ \ /C-/t..6l) M dJy ~ -t .uf ~ lo,/v'&' S1!~ ~~ 4'"~ J{?'/~.t7t iJJn Jn~ i; 4- ~ ,- . ~. J _ ,l"f!'l~' ~~"~~ . ~ ,. ~ ",) i.ffl .."...',~lf$I~l'm-mf*~""~~'~'-~$i~ -- . ,. <, ',"" __ ,~"'"'~li,'J;';.,~~~!.Ii.."~;jf-f~i\:1lI!I!aL1iIf ~~~I ,." ".' J..', --.1:.' d r, ".1 , ; '- '".,~", - . -- -,,- ~.~:': :~,;:;.,~_:,;~ --- ,-.,,'. U';';'"i PHILIP MISTRETTA, III, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NADINE CRAVER, Defendant IN CUSTODY NO. 00 - 1&,i>$'6 Q'u~L '--r'UU,,\ ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , Custody Conference Officer, on the day of , 2000, at .m. at " Pennsylvania, 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. Children need not be present at the Conference unless their presence is requested by the Custody Conference Officer. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conference Officer 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 ,'I- " - -I'~. .. .l~ 01" ~', ~ '^' ,,~~.: _ ,.;~O"" _~" PHILIP MISTRETTA, III, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NADINE CRAVER, Defendant IN CUSTODY NO. (}-C. &rs'b ~ T.v- COMPLAINT FOR CUSTODY 1. The Plaintiff is Phillip Mistretta, III, residing at 135 Caversham Woods, Pittsford, New York, 14534, 2. The Defendant is Nadine Craver, residing at 2243 Canterbury Drive, Mechancisburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff requests a set schedule of partial custody with Philip, born January 21, 1988. The child was not born out of wedlock, The child is presently in the custody of Nadine Craver who resides at 2243 Canterbury Drive, Mechanicsburg, Pennsylvania. During the past five years, the child has resided with Nadine Craver at 2243 Canterbury Drive, Mechanicsburg, PA 17055. The mother of the child is Nadine Craver, currently residing at 2243 Canterbury Drive, Mechanicsburg, PA. She is married. 1" '_ . .."n . 'I', .' "~".h ~', ~J, ;,;, :" :1 ;:,-':,,~' m I """. ",0'_ '"ji~'~ .-',<. ," ~.' '~-;,; The father of the child is Philip Mistretta, III, currently residing at 135 Caversham Woods, Pittsford, New York. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Lisa Plescia Girlfriend 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Kevin Craver Husband 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because it is in Philip's best interest to have regular frequent contact with his father. The following is a proposed partial schedule: , - , i o~ ' ~ I :.~ . "+';:'---- I~" 'J~~:,; <I, ~ , .'~' '"""'\__ .. _., , 'C ~,,_' ",< .". .~'''"'' h "i'o.~ l.i1! . a. The parents shall share legal custody of the child and each parent shall consult with the other concerning all major decisions affecting the child, including but not limited to, health, education and religion. b. Mother shall have primary physical custody with Father having a set schedule of partial custody. c. Father shall have partial custody of Philip on the third weekend of every month from Friday at 5:00 p.m. through Sunday morning at 8:00 a.m. In the event that Philip does not have school on Monday, at Father's option, Father may return Philip at either some point in time on Sunday or at 8:00 a.m. on Monday morning. In the event that Father would be unavailable to have custody during the third weekend of the month, he shall advise Mother of that fact and would be entitled to have a make up either the second or fourth weekend of the month. Likewise, it is anticipated that there may be times when the third weekend of the month may not be convenient for Philip or for Mother and, upon mutual agreement, during those circumstances at the request of Mother or Philip, Father would be entitled to a make up weekend. d. Philip shall spend two weeks during the summer months with Father. This two week period may be taken consecutively or non-consecutively but would require Father to give Mother thirty days' notice of his intention to exercise the extended custodial period. e. The Thanksgiving holiday shall be defined as running from Wednesday after school through Monday morning (assuming that Philip does not have school on Monday). The holiday shall be alternated with Mother having Thanksgiving in odd numbered years and Father having the holiday in even numbered years. f. Philip's Christmas vacation from school shall be divided equally between Mother and Father. In even numbered years, Mother shall have the first half of the holiday (the segment including Christmas Eve and Christmas Day) and Father shall have the second half of the holiday (the segment including New Year's Eve and New Year's Day). In odd numbered years, this schedule would be reversed. "" ., .~L_>i.'~ ',I " ' " ~,;," '-.', ", ';"",'., ' ''-.' ','" ~~ ' ';.;"".,",,~,., ;;''':'''"" . . g. Both parties would be entitled to daily telephone contact with Philip while he is in the custody of the other parent. These telephone calls shall be free from interference so that Philip can talk freely with either parent. In addition, Philip shall have free access and the ability to contact the other parent whenever he so desires. h. Given the difference involved in Philip's visitation, there may be occasions when Philip shall fly to Rochester for a visit. On these occasions, the parties agree to have flexibility so that departure and return times are coordinated with flight schedules. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant shared legal custody and a set schedule of partial custody. Sandra L. Meilton, E quire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 32143.1 k I. -::"~,1.~~~'. ..~ '.1,' , . . . VERIFICATION I, the undersigned, Philip Mistretta, III, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities. Dated: ~)~/~ , . t~~~~~ Philip Mistretta, III ;J-.~o~~,' ' ..k.;. _~~." ]J" '-"-~~;:""'-~C'""""'~~l~:i1i~w',,~' .. ~~,~, ~,., ~ ^' ~ 0, "~ -,~. . "",~~, c' '" ", .' A~f' ~ ....... o Iv () ,'- ... -- () t 10 () ~ ~ -V t ~ ~ , 1>t ~ frt 8 B L . ~ . ~ ./Q. c5 h. &~ r " ,." . '""0 (") s;;;; <' -0 rE~ i~ -<-"'--' ~t.::) ~.() ;(~(-) ;..~ c= "7 ~ C) o o "") :... I {,)l ,'~'. ~ -"- ."~ (") "]'} -::J ~ -,-n "";~.O ">cLj ~ 1~ :-:1"\ ;"~~?, d~ ::2 tf.' (P , . . 8 "