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HomeMy WebLinkAbout03-1946TIMOTHY D. DRABEK, Ye JENNIFER L. DRABEK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OOC T NO.: CIVIL ACTION -- CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, TIMOTHY D. DRABEIC by his attorney, Timothy J. Colgan, Esq., and files the following Complain for Custody of which the following is a statement: 1. Plaintiff, TIMOTHY D. DRABEIC resides at 12335 South 44th Court, Alsip, Illinois since March 16, 2003. 2. Defendant, JENNIFER L. DRABEK, resides at 820 Cardinal Drive, Harrisburg, Dauphin County since March 23, 2003. 3. Prior to March 2003, the parties and minor child, Kayla M. Drabek, date of birth December 11, 2001, resided together at 111 E. Columbia Avenue, Enola, Cumberland County, Pennsylvania since November 2001. 4. Plaintiffand Defendant are the natural parents of one minor child, Kayla M. Drabek, date of birth December 1 l, 2001. 5. The child was not born out of wedlock. 6. There are no court orders establishing custody or visitation. 7. Plaintiff has no information ora custody proceeding concerning the child pending in a court of this Commonwealth. 8. Plaintiffdoes not know ora 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. 9. Since the parties separated on March 21, 2003, the Defendant has denied the Plaintiff access to the minor child. 10. The Plaintiff was told by Defendant's Mother (with whom Defendant resides) that he will never see the minor child again. 11. The Defendant has been diagnosed as a manic depressive for which she is presently medicated. 12. It is believed and therefore averred that the Defendant has an addiction to prescription pain medication as she routinely obtains 90 day prescriptions from three (3) different physicians on a rotating 30 day basis unbeknownst to the other physicians who also prescribe pain medication for her. 13. Defendant was previously admitted to an inpatient drug treatment and rehabilitation facility for drug use and abuse. 14. Plaintiff has returned to his family home in Illinois and has enrolled in school. 15. Plaintiff is also employed by UPS. 16. Plaintiff has available to him child care from his mother and other family members in the area of his family home while he works and attends school. Defendant lives with her parents. Defendant's mother also suffers from manic depression and has treated during the last year 17. 18. for depression. 19. cancer. 20. Plaintiff has also been told by Defendant that her mother is suffering from end stage terminal Plaintiff is not able to properly care for the minor child in light of her present problems and the other problems within her family. 21. The best interests and permanent welfare of the minor child will be served by granting the relief requested herein. WHEREFORE, Plaintiff requests the Court enter an Order granting primary physical custody and shared legal custody of the minor child to Plaintiff. Dated: Respectfully submitted, Timothy J. Colg~e ~ WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, TIMOTHY D. DRABEK, verify that the statements made in this document 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: TIMOTHY D. DRABEK Plaintiff TIMOTHY D. DRABECK : PLAINTIFF : V. : JENNIFER L. DRABEK : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1946 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 29, 2003 at 11:00 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 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 l~r'ior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. 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 befi~re 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 ItELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 l 3 Telephone (71.7) 249-3166 ViNV/¢!,,~,'qJNN-]~ I~qY-;~-21~ 14:51FROM:NIUZY LENOX COLGAN '174320486 TO:?1? 766 4~149 P.084/007 TIMOTHY D. DRABEK, JENNIFER 1.,. DRABEK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N( ~.: 03-1946 CIVIL ACTION -- CUSTODY ~.~CKNOWLF. DGM~NT OF pARTIES I~..Q~N~RY OF STIPULATION FOR CUSTODY AS OP-i)E,tt O1;' COURT AND NOW, to w,t, this i day of ! 2003, the parfi~s in thc abovc-refcr~n~d a~k,n do he. by agroe that the attached Sti~i~n for, Order of Court. ~ ~/itnes~ all t~ cn~cfcd as an Timothy D. Pfrabek 14:58 FROM:WILEY LENOX COLGAN ?174~80426 TO:?I? 766 4949 P.005,007 TIMOTHY D. DR~BEK, JENNIFER L. DRABEK, plaintiff Oc~ndant IN THE COIfRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI~IIA DOCICE~T NO,.: 03-1946 CIVIL ACTION - CUSTODY CUSTODY ST~P/"LATION This -Xgre~ment is made this ~/J~ day of _ /m .r~-~ .__, 2003 by and b~w~n Jennifer b. Dmbek (hereinafter referral to az "Mothgr"), ~nd Timothy D. l)nd~k (hcmiflaflor referred to a.q "Father"). WHEREAS, the above-capl'!oned matter pertains to the custody of Kayla M. Drabek, date of birth Dcocmberll, 200!;and. ~ ~ ~ WHEREAS, the. parties bclicw th~ it i~ the best interest of tbe minor child to re~olv¢ matters conGerning th~ custody and visitation of thc minor child in lieu of a hearing on the matter; NOW, THEP'-e-FOKE, O~e .r,m'tles, intending fo be legally Ix~und, do agree a.s follows: 1. I.~: Legal custody shaLl be ~hared 'by both p,i,~ieS. Joint legal custody means the right of both pl~rants to control and to share m making decisions of importance of the llfe of their child, including ~ducational, medical, aod religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and oth~ important records. As soon a practical after receipt by a pony, copies of the child's school sola:anita, special events notifications, report cards, and six. il~r aotice.q sheJl be provided :o tho other party. Ic?a~h party shall notif~ the other of any medical, d~ntal, optical, uae other dpl~il~tn. Ils of the child with health ca~e provi~ters, sufficiently in advanr,~ thereof,~o that the ~ther party can attend. Notwithstanding that both parents share legal c~qtody, non-major decisions involving the child's )ay to day living shall be made by thc par0nt thcn having custody, consistont with thc other provisions of this Agreement. 2. l~ Physical custody of thc child shall be shared by thc paflWs on a two month rotational basis. Father s~!t have custody of the miaor child tbr the months of JanumT and Febranty, May and Junc~ September and ¢..~ober. Mother shall hnve custody of thc minor child for the months of March M~Y-ZO-200~ 14:52 FROM:WILLf LENOX COLGAN 7174320426 TO:TiT Y66 ~949 P.OO6/OOT and April, July and Augu;t, and November and Dcccmber. ! O~/ ~-~ Father shall have thc minor child from May 31. 2003 through July''t"y' 200~'. Mother shall have the balance of,;uly 2003 and AuguSt 2003. The schedule shall continue as outlined above. 3. ~21:lll~l~afio~: The party be~,inning their period el'custody with thc child shall ammge and advance the cost for air transportation for thc micor child between Mother and Father's home. Ul~til the child is able to t~uvei ~on~, the patent beginning their period of custody shall fly to the other patent's home airport and fly with: he child back to his or her home, Thc parties shall sham thc cost o£round trip air transportation tbr [he t, tinor child bctw~n tholt respective homes. 4. ~..e, llg. hg!l.r~,dl~: The patties shall use common san~ in scheduling telephone calls to lalK Io thc child. Both patties sh~ll retYain from preventing thc party who may be calling lycra ialking to thc child, or preventing thc child from calling thc other party, pmvid~xl that thc phone calls am not excessively frequent nor too ion,' in d~ration that they distup~ the child's s~hedule. Phone calls shoutd be kept to a -mealmem-ef ~w~l.. z b'.crc, s, ~.~d a maa'k~un.~_ofthree calls per week. ~ ~ 5. ~]g~,.~.~gia~: I~ .,~gf the patties and any third ~ in the presence of the child shall tai<e ali measures deemed advi~bl¢ to fo~tcr a feeling of'affection between the child and the other patty. Neither peny shall do or say, nor shall either party permit any thiird person to do or say a~iythiog which may estrange the child from the other patent, their spouse or rela~ive,,L or injure thc child's opinion of the other party or whid~ may hamper thc flee an~ natural devalopme~at of the child's love and real.~sl ~ the other p.amnt. The parties shall act use the child to convey verbal messages lo the other parent about the custody situation or ehange~ in the custody schedule. 6. ~Idla,ggjaL.(~f Child: In the cwmt that a significant mar~er arises with r~pect to the medical ~am, education or fit.~m,:ial cate oft~,e child, such a~ ,~ change in oecup,~ion: ~,ealth insurance, educational c~p~sea, or msklen~ cfa patty, those masers shall be discussed with the other parent before any change is made by either p~:nt. 7. ~l~l~lalll~]l~: Each paqy~ shall confer with the other on all mattem et'importance relating to the child's heallh, maintenance, and odu~:ation with a view towards obtaining amd following a harmonious policy in thc child's education a,qd social adjuslmee.~s. ~c,h pa~-c~' agrees to keep thc other in fo.~n, ed of ms or her rcs~¢len*~e ~nd telephone m-'mbcr to f~hl:~e r, om~numcat~o~ coneemlng thc welfare of the child and vlsitaiion,i Each party ag, tees to supply the name~ address and phone n~,mben oi'any parsons in whose care the child will be for a period in excess of seventy, two bouts, and £o~- each person or entily which may provide day c:-:e for the child. 71 ~-~3~04~ T0:717 766 494~ P.007~007 MAY-30-8003 14:53 FROM:WILEY LEb~OX CO.GAN '~'~ ' 8. ~: Emergency decisions regarding the child shall be m~dc by the parent then haying custody. 1 lowex ct, m thc event of day emergency or serious illness of the child at any time, any party then having custody of thc child shall immediately communicate with the other pan'y by telephone or any other mem~s practical, informing the other patty ol'lha nature of the illness or en~¢rgcncy, so t~ other p~ent cun become !nvo~vud in 'die decision making pro~ess as soon as practical. During such illness, each party shall have the right to visit thc child as often a~ he or she desires, consistent with the proper medical care of the child. The term #setiou~ iliads" as used herein shall mean un)' disability which conti,0s the child to bed for a period in excess ofseventy-two hours and which plu~s the child under the directi,~n o.Fu licensed physician. 9. Welfare of Child to be Coesidered: The wctfa~ und convenience of tho child shall be the prime cor~sideration of the pmies in any application of the provisions of this Agreement 1~oth parent~ shall listen can:thlly and consider the w' 'lshcs of the child in addressing the ~nstodlal schedule, aa)' changes to the schedule, and any other parenting issues. 10. Medication of eerier and Prior Orde~es: This stipulatilon supersedes all prior Orders or Asrccmen~ between thc parties and they arc null and void. The parties at,: frcc to modii~ the terms of this A~raement but in order to do so, both parties must be in complete agreement to any new ~crms. That means both panms must consent on what the new terms of the custody arrangement or ws~tat~on schedule shall be. In thc cvcm that one or the other does not consent to a ~hange, that docs not mean each follows his ~r her ow~ idea as to what hc or she believes thc arrm~gements should be. The ~nns ofthi.~ Agreement an~ Court Order arc set out in detail so both panics have it to refer to and to 8ovem their re!atinn.d~ip with the chisel and with each other in the event of a disatp*eement. IN WITNESS WI-LEREOF, the parries hereto, after full disclosure, inten~ling to be legally bound, have signed, sealed and acknowledged Ih~ Stipulation. SIGNED, SEALED AND DELIVERED? IN TIlE PRESENCE OF: ss ~ L,,'/ TIMOTHY D. DRABEK, JENNIFER L. DRABEK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 03-1946 CIVIL ACTION -- CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~.~day of t~o~.,. 2003, upon consideration of the foregoing Stipulation for Custody, it is hereby ordered, adjudged and decreed that the terms, conditions __ are adopted as an Order of Court and provisions of the foregoing Stipulation for Custody dated as if set forth herein at length. BY THE COURT, JUL u§ zO0 TIMOTHY D. DRABEK, Plaintiff JENNIFER L. DRABEK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 1946 CIVIL : IN CUSTODY COURTO~ER AND NOW, thi.s. ~ day of ~. t/{~ ,2003, the conciliator being advised the parties have reached an~agremnent, the conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Giiroy Custody Conciliator TIMOTHY D. DRABEK, Plaintiff VS. JENNIFER L. DRABEK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1946 CIVIL CIVIL ACTION - LAW IN CUSTODY 1N RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this t/~ day of July, 2003, upon consideration of PlaintifFs Petition for Emergency Relief, it is hereby ordered and decreed that plaintiff, Timothy D. Drabek, shall have sole physical custody of the minor child, Kayla M. Drabek, date of birth December 11, 2001. This order shall be effective until July 31, 2003, after which date this order shall be null and void. It is entered to give the plaintiffthe opportunity to file a custody action in the state of Illinois. Upon the filing of said action, jurisdiction of this court will be relinquished. If an action is not filed in Illinois on or before July 31, 2003, our order of June 20, 2003, shall remain in full force and effect. Timothy J. Colgan, Esquire For the Plaintiff Jennifer Drabek Pro Se :rim BY THE COURT, KC:s, J~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY TIMOTHY D. DRABEK, VS. JENNIFER L. DRABEK, ) Plaimiff ) ) ) ) ) Defendant ) Civil Action - Law No. 03-1946 Custody AND NOW, this "~'~ day of ,2003, upon consideration of Plaintiff's Petition for Special Relief, it is hereby ORDERED and DECREED that tNs Court s Orde dated July 117 2003 is extended to August 31, 2003 and that upon the filing of a custody action in Illinois regarding Kayla M. Drabek, date of birth December 11, 2001, this court shall relinquish jurisdiction to the Court in Illinois.