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HomeMy WebLinkAbout03-3220TRACY A. (RILEY) DABROWKI, Plaintiff VS. KEVIN W. RILEY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. O 3- 3~0 CIVIL TERM : IN CUSTODY PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 PA.C.S.A. 85356 Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code, relating to Uniform Child Custody Jurisdiction Act, please file of record the attached certified Order of Court, dated July 14, 1997, from the Court of Common Pleas of Huntingdon County, a~achedhereto. Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN W. RILEY, VS. TRACY A. RILEY, Plaintiff, Defendant. NO. 96-524 ORDER AND NOW, this ~ day of July, 1997, the Court hereby adopts the Custody Agreement and Stipulation entered into by the parties as an Order of Court. BY THE COURT, Stewart L. Kurtz, P.J. Cerlifie~l from the record this ST _ { day O~t_OJ. JLA D, 20 p ROTHONOT~DLERK OF COURT iN THE COURT OF COMMON PLEAS OF HUNTiNGDON COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN W. RILEY, VS. TRACY A. RILEY, Plaintiff, Defendant. : NO. 96-524 CUSTODY AGREEMENT AND STIPULATION KEVIN W. RILEY and TRACY A. RILEY hereby agree as follows: 1. Legal custody of the parties son, Kyle E. Riley, bom December 9, 1991, shall be shared. 2. Kevin W. Riley shall be awarded primary physical custody of Kyle E. Riley. 3. Tracy A. Riley shall be given periods of partial custody as follows: A. Every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. In this regard, the parties agree to share transportation meeting at a halfway point mutually agreeable to them. B. Eight (8) weeks during the stunmer months as can be agreed to by the parties: 3 weeks in June, 3 weeks in July, and 2 weeks in August. C. During the odd numbered years from 2:00 p.m. Christmas Day until 7:00 p.m. the following day. During the even numbered years from 7:00 p.m. Christmas Eve until 2:00 p.m. Christmas Day. D. During the following holidays on an aitemating basis: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. In this regard, Tracy A. Riley shall commence this schedule with Memorial Day 1997. 4. The parties agree to immediately contact each other regarding any medical problem or emergency which touches and concerns the subject minor child. 5. The parties agree to insure that each parent has regular telephone access to the minor child. Kevin W. Riley Tracy A. Riley TRACY A. DABROWKI, Plaintiff VS. KEVIN W. RILEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. O~ '" Jd~ ~ CIVIL TERM : IN CUSTODY PETITION TO MODIFY CUSTODY ORDER Petitioner is the above-named Defendant, Tracy A. Riley, now known as Tracy A. Dabrowski, an adult individual currently residing at 482 Start Avenue, Chambersburg, Franklin County, Pennsylvania. Respondent is the above-named Plaintiff, Kevin W. Riley, an adult individual currently residing at 2 Orchard View Court, Gardners, Cumberland County, Pennsylvania. The parties are the natural parents of one (1) child, namely, Kyle Edward Riley, bom December 9, 1991. The child was not bom out of wedlock. The parties are subject to an Order of Court dated July 14, 1997, entered in the Court of Common Pleas of Huntingdon County, Pennsylvania. A copy of said Order is attached hereto and incorporated herein by reference as Exhibit "A." Contemporaneously with the filing of this Petition, Petitioner has filed a Praecipe requesting that the above-referenced Order be transferred to the jurisdiction of Cumberland County, Pennsylvania. Contemporaneously with the filing of this Petition, Petitioner has filed a Praecipe requesting that the above-referenced Order be transferred to the jurisdiction of Cumberland County, Pennsylvania. The child has resided in Cumberland County for the past twelve months, thus providing this Court with jurisdiction over the matter of custody. For the past five (5) years, the child has lived with the following persons at the following addresses for the following periods of time: NAME Kevin W. Riley Kevin W. Riley Christi Riley ADDRESS Huntingdon County Huntingdon County DATES 1997 to 1999 1999 to September 2000 Kevin W. Riley Christi Riley Kevin W. Riley Kevin W. Riley Gardners, PA Huntingdon County 2 Orchard View Court Gardners, PA September 2000 to October 2001 October 2001 to June 2002 June 2002 to present The natural mother of the child is Tracy A. Dabrowski, who resides as aforesaid. She is married. The natural father of the child is Kevin W. Riley, who resides as aforesaid. He is single. 10. 11. 12. 13. 14. The relationship of Petitioner to the child is that of natural mother. Petitioner (hereinafter referred to as "Mother") currently resides with her husband, Chester Dabrowski, III, and with his minor children on a part-time basis, Chester Dabrowski, IV and Samantha Dabrowski. The relationship of Respondent to the child is that of natural father. Respondent (hereinafter referred to as "Father") currently resides with the child at issue. Since the entry of the aforesaid Order, the parties have followed the provisions of the Order fairly consistently, so that Father has exercised primary physical custody of the child and Mother has exercised partial physical custody of the child on alternating weekends from Friday to Sunday and eight (8) weeks during the summer months. Since the entry of the aforesaid Order, the parties' circumstances have changed such that a modification of the Order is necessary and appropriate at this time. Mother believes that Father is currently employed in Emmitsburg, Maryland, who scheduled changed recently to daytime shift and additionally works a part-time job as an EMT in Mount Holly, Pennsylvania. Mother believes that the child is left in the care of third parties or unsupervised when Father is at work. Mother is available to care for the child at times when the child is otherwise in the care of third parties or left unsupervised. 15. Recently, the child's schoolwork has been suffering and Mother is concerned that the child's poor academic performance is a direct result of lack of supervision while in his Father's care. 16. On or about April 17, 2003, Mother discovered that the child had run away from his Father's home in the morning hours while unsupervised, apparently running through the woods approximately seven (7) miles away from his home. 17. Father was not aware that the child had mn away from home and indicated as much when Mother confronted him. 18. The child has reported to Mother that he would prefer to live in Mother's residence. 19. Mother is more capable of providing for the child's physical and emotional needs. 20. Mother believes and avers that it is in the child's best interest for him to reside with WHEREFORE, Petitioner requests your Honorable Court to schedule a custody conciliation conference after which time she should be awarded primary physical custody of the child. Respectfully submitted, Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551/(800) 347-5552 her primarily. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. TRACY .~ABROWSKI IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN W. RILEY, VS, TRACY A. RiLEY, Plaintiff, Defendant. NO. 96-524 ORDER AND NOW, this ~ day o£ July, 1997, the Court hereby adopts the Custody Agreement and Stipulation entered into by the parties as an Order of Court. BY THE COURT, Stewart L. Kurtz, P.J. ~ EXHIBIT Ce~ifie(~ from the record thts PFIOTHONOT4.F~¥J~t' EFiK OF COURT IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA CIVIL DIVISION KEVIN W. RILEY, VS. TRACY A. RILEY, Plaintiff, Defendant. : NO. 96-524 CUSTODY AGREEMENT AND STIPULATION KEVIN W. RILEY and TRACY A. RILEY hereby agree as follows: 1. Legal custody of the parties son, Kyle E. Riley, bom December 9, 1991, shall be shared. 2. Kevin W. Riley shall be awarded primary physical custody of Kyle E. Riley. 3. Tmcy A. Riley shall be given periods of partial custody as follows: A. Every other weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. In this regard, the parties agree to share transportation meeting at a halfway point mutually agreeable to-them. ....... B. Eight (8) weeks during the summer months as can be agreed to by the parties: 3 weeks in June, 3 weeks in July, and 2 weeks in August. C. During the odd numbered years from 2:00 p.m. Christmas Day until 7:00 p.m. the following day. During the even numbered years from 7:00 p.m. Christmas Eve until 2:00 p.m. Christmas Day. D. During the following holidays on an alternating basis: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. In this regard, Tracy A. Riley shall commence this schedule with Memorial Day 1997. 4. The parties agree to immediately contact each other regarding any medical problem or emergency which touches and concerns the subject minor child. 5. The parties agree to insure that each parent has regular telephone access to the minor child. Kevin W. Riley Tracy A. Riley ~f~' TRACY A. DABROWSKI : PLAINTIFF : : V. KEVIN W. RILEY : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3220 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 10, 2003 , upon cortsideration 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, August 14, 2003 at 10:30 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 ap!0ear 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 hearim,. 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 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 TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ttAVE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRACY A. DABROWSKI, Plaintiff KEVIN W. RILEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : NO. 03-3220 CIVIL : : CIVIL ACTION - LAW : IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: ORDER OF COURT AND NOW, this 30e' day of July, 2003, please enter my appearance on behalf of the Defendant, Kevin W. Riley, in the above captioned matter. Respectfully submitted, ABO_*I & KUTULAKIS, £.L.P 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 CERTIFICATE OF SERVICE AND NOW, this 30TM day of july, 2003, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Enter Appearance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Marylou Matas Gtif~e & Associates 200 North Hanover Street Carh'sle, PA 17013 Respectfully submitted, ABOM & KUTULAKI$, LLP Kara W. Haggerty, E(_~e (J 2 TRACY A. DABROWSKI, Plaintiff KEVIN W. RILEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-3220 CML : CIVIL ACTION - LAW : IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO ENTER APPEARANCE AND NOW, this 31tl~ day of July, 2003, please enter my appearance on behalf of the Defendant, Kevin W. Riley, in the above captioned matter. Respectfully submitted, ABOM & KUTULM~IS, L.L.P Kara W. Haggerty, Es~u~e (.] 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 CERTIFICATE OF SERVICE AND NOW, this 31TM day of July, 2003, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a tree and correct copy of the foregoing Praecipe to Enter Appearance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, First-Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Marylou Matas Grit~e & Associates 200 North Hanover Street Caclisle, PA 17013 Respectfully submitted, ABOM t~. KUTULAKIS:, I. Lp 2 TRACY A. DABROWSKI, Plaintiff KEVIN W. RILEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : : NO. 03-3220 CIVIL TERM : IN CUSTODY cUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between TRACYA. DABROWSKI, (hereinafter referred to as "Mother") and KEVIN W. RILEY, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely KYLE EDWARD RILEY, born December 9, 1991, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother ami Father shall have shared legal custody of the child. 2. Father shall have primary physical custody of the clhild. 3. Mother sl~all have periods of partial physical custody of the child at the following times: a.) Alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m.; b.) i.) c.) d.) Eight weeks during the summer to be exercised as follows: Starting one week after the end of school and to continue for three consecutive weeks; ii.) iii.) Following a one week break at the end of Mother's first three week period to continue again for three consecutive weeks; and Following a one week break at the end of Mother's second three week period to Continue for an additional two consecutive weeks. iv.) During the summer when Mother exercises custody of the child, Father has the opiion to exercise custody of the child on alternating weekends from Friday at 7:00 p.m. until Sunday at 7:00 p.m. During the odd numbered years from 2:00 p.m. on Christmas Day (December 25th) until 7:00 p.m. on December 26th. During the even numbered years from 7:00 p,.m. on Christmas Eve (December 24th) until 2:00 p.m. on Christmas Day (December 25th). At other times as the parties may agree. Transport{~tion shall be shared so that the parties exchange custody at the Carlisle State PoliCe Barracks. The parties shall alternate custody of the child for the holidays of Easter, Memorial Day, July[ Fourth, Labor Day and Thanksgiving, with the times for these holidays being from 9:00 a.m. until 7:00 p.m. on the holiday. Father shall exercise custody of the child on Memorial Day and Labor Day in odd numbered years and Easter, July Fourth, and Thanksgiving in even numbered years. Mother shall exemise custody of the child for Easter, July Fourth and Thanksgiving in odd numbered years and Memorial Day and Labor Day in even numbered years. For any holiday or school break that the child enjoys, if the parent exercising custody under the ~enns of this Order is not able to enjoy custody of the child due to work or another conflict, the non-custodian parent shall he given the first opportunity to exercise cUstody. Mother arid Father shall exercise custody of the child on the parents' respective birthdays from 7:00 p.m. the day before his/her birthday until 7:00 p.m. the day of his/her birthday. The parties shall use the same physician for the child, that presently being Doctor Dell at Three Springs Family Practice, Mount Holly Springs, Pennsylvania. In the event Mother's health insurance does not provide ,:overage for the child's physician, Father shall be responsible for all unreimbursed medical expenses over $15.00 per each visiti This paragraph is not intended to contradict any terms of the parties' support older so that Father shall continue to be responsible for at least the first $250.00 of unreimbursed medical expenses per year for the child. If the child visits with any bther physician or medical care provider, the parties shall ensure that the records are forwarded to the Three Springs Family Practice within five (5) days of the visit. 10. 11. 12. 13. The parties will attempt to accommodate an arrangement where the child shall always be with the Mother on Mother's Day and with Father on Father's Day. In the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day. The partie~ shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure thai 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 sh~ desires consistent with the proper medical care of the child. Neither parent shall do anything which may estrange the child from the other party, inj~e the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. Any modification or waiver of any of the provisions of this Agreement on a permanentl basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. The parties desire that this Stipulation and Agreement be made an Order of Court of the Cofirt of Common Pleas of Cumberland County, and further acknowledge that the Gourt of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child, who has resided for at least the past six months in Cumberland County, Pennsylvania. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unhir dealing on the part of the other party: 15. The partie~ acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 1N WITNESS !WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafler mentioned. WlTNESSETH: - ~ Dalte- Date KEVIN W. RILEY NOV 0 6 TRACY A. DABROWSKI, Plaintiff V KEVIN W. RILEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 2003 - 3220 CIVIL : IN CUSTODY COURT ORDER AND NOW, this "'~ day of November, 2003, the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, ~uUsbteor~yX~ oGilr~. 'nciliato rEsquire TRACY A. DABROWSKI, Plaintiff KEVIN W. RILEY, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3220 : IN CUSTODY CIVIL TERM 2003 ORDER OF COURT AND NOW this /t~'- day of ,q~-~-~ Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, ,2003, the attached Custody ffd~Iarylou Matas, Esquire Attorney for Plaintiff ~l~ara W. Haggerty, Esquire Attorney for Defendant