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HomeMy WebLinkAbout01-05239DEBORAH K. DIMEMMO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH DIMEMMO DEFENDANT 01-5239 CIVIL ACTION LAW • EJ CUSTODY ORIDER OF COURT AND NOW, Friday, September 07, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, October 02, 2001 at 9:15 a.m. for aPre-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/ Melissa P. Greev~, Es~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~;~~ ~ ~~~~~ ~Ol/~~h ~~ ~ ~ ~~ d~r~rn~asN~~~ u~~~~ rn,;t ~r~^ti'r~t i~ ~~ :s~ I!;:! 9 3 aiS IQ DEBORAH K. DIMEMMO IN THE COURT OF COMMON PLEAS OF PLAINTIFF ~ CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5239 CIVIL ACTION LAW JOSEPH DIMENIMO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, February 15, 2002 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 11, 2002 at 11:00 AM for aPre-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/ Melissa reev Es 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. Cturrberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 x-"laY~~e'Yt:.Z `¢ 4 ~4h"NI_. rLVU_%. x [ ... _a~ .... v 4 'tr i ~Pli~: I,',' PJ (~, ~' ,dad('. - ~~ '.' Ja;^i ;;~ 1,~,,,.. ~~ DEBORAH K. DIMEMMO, Plaintiff/Petitioner vs. JOSEPH DIMEMMO, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5239 CIVIL ACTION -LAW CUSTODY ORDER AND NOW, to wit, this day of , 2002, in consideration of the within Petition for Contempt for Failure to Comply with Custody Order and upon motion of Max J. Smith, 7r., Esquire, Attorney for Petitioner, it is hereby Ordered and Decreed that a hearing is fixed for the day of 2002, at o'clock _.M. in Courtroom of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. A true and conect copy of this Order and within Petition shall be served upon the Respondent's counsel, Donald T. Kissinger, Esquire. BY THE COURT: KEVIN A. HESS, J. DEBORAH K. DIMEMMO, Plaintiff/Petitioner vs. JOSEPH DIMEMMO, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5239 CIVIL ACTION -LAW CUSTODY PETITION FOR CONTEMPT FOR FAILURE TO COMPLY WITH CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES the Plaintiff/Petitioner, DEBORAH K. BIDDLE, formerly DEBORAH K. DIMEMMO, by her attorney, MAX J. SMITH, 7R., Esquire, and respectfully represents that: Petitioner is DEBORAH K. BIDDLE, who resides at 1108 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is JOSEPH DIMEMMO, who resides at 3818 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are divorced, and are the natural parents of GABRIELLE M. DiMEMMO, born January 28, 1984, NATHANIEL J. DiMEMMO, born September 20, 1985 and ANTHONY V. DiMEMMO, born August 13, 1987. 4. On October 9, 2001, a Temporary Order of Court was entered by the Honorable Kevin A. Hess, a true and correct copy of which is attached as Exhibit "A", and made part hereof. Said Order provides, inter a1ia, that Petitioner is to have primary physical custody of said children, subject to Respondent's rights of partial physical custody. 6. Respondent has breached paragraph 1 of said Temporary Order of Court by failing to enter therapy as recommended in Dr. Shienvold's report dated August 13, 2001 (see Exhibit <.A„ )• 7. Respondent has breached paragraph 2 of said Temporary Order of Court by failing to enter family therapy as recommended by Dr. Shienvold (see Exhibit "A"). 8. Respondent's actions as detailed herein are contemptuous and in willful disregard of the aforesaid Order of Court. 9. As a result of having to institute this contempt/enforcement action, Petitioner has been forced to incur legal fees and expenses, for which Respondent should be solely responsible due to his contemptuous actions. WHEREFORE, Petitioner respectfully prays your Honorable Court grant a rule upon Respondent to show cause why he should not be held in contempt for violation of the Temporary Order of Court dated October 9, 2001, and to issue appropriate punishment to guarantee future compliance with this Court's Order, including awarding attorney fees and costs to Petitioner. Respectfully submitted, Date: February 0 , 2002 ~,~ i - (/i/~/IGO ' l MAX J. SMITH, JR., Acquire James, Smith, Durkin & Connelly, u,r P.O. Box 650 Hershey, PA 17033 (717)533-3280 02/08/2002 08:37 h'EB~-~7'U2j'fHUj 7179750779 1439 JAMES SM11'N WEST SHORE DURI~IN & C'ONNELLY ANES ASSO 'fEL 111 S33 PAGE 02 , , , 5280 P, 002 i T vorify thy~t the stutemenitS rpade in ibis Petidnti ara trye and correcC. T understand that false ,vtatemea~tH }teSetiR ~ ilaade ~ubjecc to the penalties of 1S 7Pa, C,S, ,Section 4904, relating to unsworn PalaifiFption to authoritke~. a"~h~,k ~`~.~ D~'EQRAFT K. BIDDL,E 9 e~qp pppl Yg /~ . 6IV B 4Y W 2L~4+^ DEBORAH K. DIMEMMO, vs. JOSEPH DIMEMMO, Hess, J. - IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01'-5239 CIVIL ACTION -LAW Defendant CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~~°t day of October, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Father shall enter therapy as recommended in the final paragraph of Dr. Shienvold's report of August 13, 2001. Father shall sign consent for the therapist to release a progress report which shall be provided to counsel for both parties at two-month intervals until such time as the therapist has determined that Father is no longer in need of psychotherapy. 2. The parties shall cooperate to identify a family therapist to assist the parties anc their Children in family therapy as recommended by Dr. Shienvold. The selection of a therapist shall be made jointly by the parties and in consideration of participating providers available through Father's health insurance coverage. . 3. It is further Ordered and directed that the Prothonotary seal this Order along with the following documents pertinent to this case with the direction that it not be opened, pending further Order of Gourt. Those documents to be sealed are: this Order, the Complaint for Custody and,the attached Exhibit A. BY THE COURT, Dist: Qonald T. Kissinger, Esquire, 130 Walnut Streei, Harrisburg, PA 17101 Max J: Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033-0650 9 ~' Via' ' in iesiimony and fh~eal .sry =em .A.n~, whereof, i h=~°a unto set my hcntl of Fa. DEBORAH K. D]MEMMO, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.O1-5239 JOSEPH DIMEMMO, :CIVIL ACTION -LAW Defendant/Respondent :CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff/Petitioner, hereby certify that I have this day sent a copy of Petition for Contempt for Failure to Comply with Custody Order by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Howett, Kissinger & Miles, P.C. Attn: Donald T. Kissinger, Esquhe 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 MAX J. SMITH, 7R., quire I.D. No. 32114 James, Smith, Durkin & Connelly i.i-r P.O. Box 650 Hershey, PA 17033 (717)533-3280 APR 2 6 200 ~. DEBORAH K. DIMEMMO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.01-5239 CIVIL TERM v. CIVIL ACTION -LAW JOSEPH DIMEMMO, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT AND NOW, this Z 9 ` day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, and it appearing that the parties are in need of a hearing on contempt, it is hereby ordered and directed as follows: 1. That Father shall continue therapy as recommended in the final paragraph of Dr. Shienvold's report of August 13, 2001. Father shall sign the consent for the therapist, Frank DiPrima, to release a progress report which shall be provided to counsel for both parties at two (2) month intervals until such time as the therapist determines that the Father is no longer in need of psychotherapy. The report shall include the diagnosis, prognosis treatment plan and recommendations of the therapist. 2. The parties shall continue in family therapy to assist themselves and their children as recommended by Dr. Shienvold. 3. The October 9, 2001 Order outlining the schedule of physical custody for the parties shall remain in full force and effect. 4. The Custody Conciliation Conference previously scheduled for April 22, 2002 is continued. The Custody Conciliation Conference shall reconvene on June 11, 2002 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania 17043. o~OUA Q~.t~-~ BY THE COURT: C ~, R115 / J. Dist: Mtax J. Smith, Jr., Esquire, PO Box 650, Hershey~A 17033 ~nald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 ~~ V ~~ ' ' ~~ ~' t3 r~ ~ ~~~ i 1 C3ti ~i, ~~~ ~I .. DEBORAH K. DIMEMMO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5239 CIVIL TERM v. JOSEPH DIMEMMO, Defendant CIVIL ACTION -LAW IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Gabrielle M. DiMemmo January 28, 1984 Mother Nathaniel J. DiMemmo September 20, 1985 Mother Anthony D. DiMemmo August 13, 1987 Mother 2. A Custody Conciliation Conference was held on March 11, 2002 pursuant to a Petition for Contempt filed by Mother on February 11, 2002. Present for the conference were the Mother, Deborah K. DiMemmo, and her counsel, Max J. Smith, Jr., Esquire; the Father, Joseph DiMemmo, who appeared pro se. Although Father attended pro se he claims to continue to be represented by Donald Kissinger, Esquire and requested that a copy of the Order be sent to him following the conference. 3. The parties were able to reach an agreement for Father to continue individual therapy and for the parents to participate in family therapy with whatever combination of participants the therapist would deem appropriate to include. Father also agreed to sign a release of information form for his therapist to provide more specific progress reports at two (2) month intervals and to sign this form on or before March 21, 2002. ~a~~~ Date r~~~ Melissa Peel Greevy, Es uire Custody Conciliat 157088 DEBORAH K. DIMEMMO, Plaintiff IN THE COURT OF COMMON~~~002 CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5239 CIVIL TERM v. JOSEPH DIMEMMO, Defendant IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME Gabrielle M. DiMemmo Nathaniel J. DiMemmo Anthony V. DiMemmo DATE OF BIRTH January 28, 1984 September 20, 1985 August 13, 1987 CIVIL ACTION -LAW CURRENTLY IN THE CUSTODY OF Mother Mother Mother 2. A Custody Conciliation Conference was held on June 11, 2002 pursuant to a plan made at the March 11, 2002 Conciliation Conference. The purpose of the conference was to assess whether Father was in compliance with the parts of the Order related to his individual therapy and progress reports. Present for the conference were the Mother, Deborah K. DiMemmo, and her counsel, Max J. Smith, Jr., Esquire; the Father, Joseph DiMemmo, appeared pro se. 3. Counsel for Mother reports that Father has been compliant with the counseling with Mr. DiPrima and with the signing of the Consent for the therapist to release the progress reports. Therefore, the Contempt Petition filed by Mother on February 11, 2002 shall be withdrawn. No additional Custody Conciliation Conference was scheduled. 4. Father attempted to gain Mother's cooperation in making numerous small modifications to the existing Order. However, no pleadings were filed before the Court and Mother would not agree to the modifications that Father was g with regard to the physical Gusto y schedule. ~ ~~ ~ Date Melissa Peel Greevy, Esquire Custody Conciliator Dist: Max J. Smith, Jr., Esquire, PO Box 650, Hershey, PA 17033 Donald T. Kissinger, Esquire, 130 Walnut Street, Harrisburg, PA 17101 :159412