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HomeMy WebLinkAbout01-6040KEITH DOUGLAS DITZLER, Plaintiff VS. KIMBERLY ANN METZGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Ot - CIVIL ACTION -- IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, KEITH DOUGLAS DITZLER, by and through his attorney, Christine J. Taylor, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The plaintiffis Keith Douglas Ditzler, who currently resides at 12916 Devall Road, Baton Rouge, Louisiana, 70818 since November 1999. 2. The defendant is Kimberly Ann Metzgar who is believed to be residing at 72 Dewalt Drive, Mechanicsburg, Pennsylvania, and who is believed to be employed at Fort Pitt Consolidated, 5006 Lenker Street, Mechanicsburg, Cumberland County, Pennsylvania 17050, since at least June of 2000. 3. The above parties are the natural parents of one minor chid: Cody James Ditzler, date of birth, November 12, 1996. The child was bom out of wedlock. 4. The child is currently in the care and custody of mother who is believed to be residing at 72 Dewalt Drive, Mechanicsburg, Pennsylvania 17055. 5. During the past five years, the child has resided with the following persons and at the following addresses: A. Kimberly Ann Metzgar and Edwin Metzgar, 72 Dewalt Drive, Mechanicsburg, PA 17055, since approximately the summer of 2000 through the present. B. Kimberly Ann Huyck, Carlisle, Pennsylvania from November 1999 until approximately June of 2000. C. Keith Ditzler and Kimberly Ann Huyek, Cumberland County, Pennsylvania since November of 1996 until November of 1999. 6. The mother of the child is Kimberly Ann Metzgar currently residing at 72 Dewalt Drive, Mechanicsburg, Pennsylvania, 17055. She is married. 7. The father of the child is Keith Douglas Ditzler currently residing at 12916 Devall Road, Baton Rouge, Louisiana 70818. He is single. 8. The relationship of Plaintiffto the child is that of father. The father currently resides with his roommate, John Segona. 9. Plaintiffhas no information ora custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the child in this or in other courts. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Defendant has frustrated many attempts to have contact with the minor child. B. It is in the best interest of the child to maintain a good, meaningful relationship with both parents and a regular schedule of contact with father is necessary to accomplish this. C. And any other reasons which may fully appear at conference. 12. Each parents whose parental fights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court enter an Order granting the relief requested. By: Respect ,fially submitted, C~ristine J. Taylor, ~(ssquire F7~ - WILEY, LENOX, COLGAN & ~ZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #82204 VERIFICATION I, KEITH D. DITZLER , verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that fa!~e statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falnitication to authorities. Date: ~/-50 -©l KEITH DOUGLAS DITZLER PLAINTIFF KIMBERLY ANN METZGAR DEFENDANT : 01-6040 : 1N CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Tuesday, October 30, 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, November 27, 2001 at 9:15 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve thc issues in dispute; or if this cannot bc accomplished, to define and narrow the issues to be heard by thc court, and to enter into a temporary order. All children age five or older may also be present at thc conference. Failure to appear at thc 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/ Mellss~ P. Greevy. 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 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 ATIORNEY 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 VINVAq~,SNNaa LI:IIFI~ 1810010 KEITH DOUGLAS DITZLER, Plaintiff VS. KIMBERLY ANN METZGER, Defendant DF.C (~20 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6040 CIVIL ACTION - LAW CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~ day of December, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Keith Douglas Ditzler and Kimberly Ann Metzger, shall participate in an independent custody evaluation process with Georgie Anderson, L.S.W. Following the completion of Phase I and within thirty days of the receipt of the evaluator's report, counsel for either party may contact the Conciliator to set an additional Custody Conciliation date. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties and the child. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. The cost of the evaluation shall be shared equally between the parties. However, each party reserves the right to seek contribution of a greater proportion from the other parent by separate petition. 2. Father shall be entitled to weekly telephone contact with the minor Child on Thursdays between 7:00 and 7:30 p.m. Pennsylvania Daylight Savings Time. Father shall bear all expenses associated with such long-distance telephone calls. 3. Father's initial face-to-face contact with the Child shall first be arranged in the therapeutic context of the evaluation in which the parties are participating. However, in the event that cannot take place during the month of December 2001, counsel shall coordinate a brief period of partial custody accompanied by Mr. Ditzler's sister, Judy Kassab. Dist: John W Purcell, Jr. Esqu re, 1719 N. Front Street, Harrisburg, PA 17102-239 Christine J. Taylor, Esquire, One S. Bat more Street, Dillsburg, PA 17019 I,¢,.-I1'0 KEITH DOUGLAS DITZLER, Plaintiff VS. KIMBERLY ANN METZGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6040 CIVIL ACTION - LAW 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 Child who is the subject of this litigation is as follows: ~ CURRENTLY IN CUSTODY OF NAME Cody James Ditzler November 12, 1996 Mother 2. A Custody Conciliation Conference was held on November 27, 2001, with the following individuals in attendance: the Mother, Kimberly Ann Metzger, and her counsel, John W. Purcell, Jr., Esquire; Christine J. Taylor, Esquire, counsel for Father. Father participated by telephone from Louisiana. 3. The parties reached an agreement as to a Temporary Order in the form as attached. / ~'Q"/'~ /0 // Melissa Peel ~e Date Custody Conciliator KEITH DOUGLAS DITZLER, Plaintiff V, KIMBERLY ANN METZGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6040 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BAYLEY, J.--- TEMPORARY ORDER OF COURT AND NOW, this __[_~___ day of April, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Keith Douglas Ditzler and Kimberly Ann Metzgar, shall have shared legal custody of the minor child, Cody James Ditzler, born November 12, 1996. 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 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody. Father shall have partial physical custody which shall be arranged as follows: On the following Saturdays from 9:00 a.m. until 5:00 p.m. and the following Sundays from 9:00 a.m. until 7:00 p.m.: (i) Saturdays: April 6, 2002, April 27, 200 and May 18, 2002. (ii) Sundays: April 7, 2002, April 28, 2002 and May 19, 2002. Effective June 1, 2002, Father shall have custody on alternate weekends from 9:00 a.m. until 8:00 p.m. Saturdays and 9:00 a.m. to 7:00 p.m. Sundays. It is anticipated that by parties will that Father's schedule having full custodial weekends which shall run from Friday evening until Sunday evening, as Cody becomes better acquainted with his Father and adjusted to spending time away from his Mother. If the parties disagree about when to begin full custodial weekends, the parties will discuss this at the agreed upon forum with Georgi Anderson. 3. The parties shall schedule an appointment to occur the last week of June, 2002 with Georgi Anderson, LCSW. On the agenda for this follow up meeting with Ms. Anderson shall be obtaining her input as to Cody's readiness for full custodial weekends with Father if that has not yet begun to occur, and Cody's readiness to spend a seven (7) day block of vacation time separated from his Mother and in the custody of his Father. The cost of Ms. Anderson's services shall be shared equally by the parties. 4. Vacation. Father shall be entitled to up to two (2) seven (7) day periods of physical custody, to coincide with his custodial weekends in the months of July 2002 and August 2002. To commence in 2003, Father shall be entitled to one (1) week of custody in each of the following months: June, July and August, each year. The parties shall provide each other with thirty (30) days written notice of their intent to have vacation time, which shall De coordinated around their custodial weekends. In the event that the parties have scheduled a conflicting or overlapping vacation time, the party first providing written notice to the other parent shall have the choice of vacation time. 5. Telephone Contact. Father shall be entitled to reasonable telephone contact to occur Tuesday and Thursday evenings between 7:00 p.m. and 8:00 p.m., prevailing Pennsylvania time. Father will also provide the child with a pre-paid long distance telephone card, which he can us to contact his Father at any other time. 6. Transportation. Unless otherwise agreed, the parties shall share transportation with the parents relinquishing custody at the meeting place for the custodial exchange which shall initially occur at the end of Father's custodial periods at the Sheetz Market located at the Route 114 and Route 11 in Mechanicsburg, Pennsylvania. It is contemplated that as the schedule changes and Father's custodial time is increased, the parties may agree to a different meeting place or means of sharing the transportation. However arranged, the responsibility for transportation shall be borne equally by the parties. 7. The Custody Conciliation Conference shall reconvene at the office of Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, Pennsylvania, 17043 on August 5, 2002, at 8:30 a.m. at which time Father's schedule of partial custody shall be reviewed and consideration shall be given to further increase in custodial time. In the event that counsel for either party finds that it would be beneficial for there to be an additional Custody Conciliation Conference prior to the scheduled August date, counsel for either party may contact the Conciliator by letter to~,/~n the schedule. Edgar ~y, O. / Dist: Christine J, Taylor, Esquire, One S. Baltimore Street, Dillsburg, PA 17019 John W. Purcell, Jr,, Esquire, 1719 N. Front Street, Harrisburg, PA 17102-2392 20O2 KEITH DOUGLAS DITZLER, Plaintiff KIMBERLY ANN METZGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6040 CIVIL TERM 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 child who is the subject of this litigation is as follows: NAME Cody James Ditzler DATE OF BIRTH November 12, 1996 CURRENTLY IN THE CUSTODY OF Mother 2. The parties were seen for their second Custody Conciliation Conference on April 5, 2002. The Conference was scheduled at the request of counsel for the Father. Present for the conference were the Father, Keith Douglas Ditzler, and his counsel, Christine J. Taylor, Esquire; the Mother, Kimberly Ann Metzgar, and her counsel, John W. Purcell, Jr., Esquire. 3. The parties reached an agreement in the form of an Order as attached. -- -~Melis~a PeAGreevy, Esquire Date Custody Conciliator :156788 02 ¢,Pi? 1 6 AM lO: CUMSERL/~,i,.¢ COUhF, Y PENNSYLVANIA 'JU! 200? KEITH DOUGLAS DITZLER, Plaintiff V, KIMBERLY ANN METZGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6040 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 22nd day of July, 2002, counsel for the parties having agreed to continue this matter generally, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. A new Conciliation Conference may be scheduled upon proper petition of either party. FOR T~ ~_~ :160801