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Home My WebLink About07-3829IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SABRINA OFENSTEIN, Plaintiff No. 2007 - -3-PI 9 ?' 1 v CIVIL ACTION - LAW KEITH LEE DILE, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Sabrina Ofenstein, currently residing at 303 North Fayette Street, Apt. 4, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Keith Lee Dile, currently residing at the Cumberland County Prison, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of Preston James Dile, (DOB 04/27/05), currently residing at 303 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania. 4. The child was not born during a marriage. The child is presently in the custody of Sabrina Ofenstein, currently residing at 303 North Fayette Street, Shippensburg, Cumberland County, Pennsylvania. During the past five (5) years, the child has resided with the following persons at the following addresses: Sabrina Ofenstein and Keith Dile 303 North Fayette St., Apt #4, Shippensburg, Pa 04/05 - 04/07 Sabrina Ofenstein 303 North Fayette St., Apt 94, Shippensburg, Pa 04/07 - present The mother of the children is Sabrina Ofenstein, currently residing at currently residing at 303 North Fayette Street, Shippensburg, Pa. She is not married. 46 The father of the children is Keith Dile. He is not married. 5. The relationship of the Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: none. 6. The relationship of the Defendant to the child is that of father. Defendant currently resides with the following persons: Defendant is presently incarcerated at the Cumberland County Prison. 7. 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 knows of the following persons not a party to the proceedings who have claims to have custody or visitation rights with respect to the child: none. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff is capable of, and has been, providing for the child's daily physical, social, emotional, and medical needs, and will ensure the child maintains a close relationship with Defendant. 9. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child have been given notice of the pendancy of this action and the right to intervene: None. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting her primary physical custody of the child. Page 2 . . . Respectfully submitted, Neuharth Law Offices ?k"32jg" Suzann Spencer XUel, Esquire Id. No. 202443 Neuharth Law Offices P.O. Box 359 Chambersburg, PA 17201 Phone: (717) 264-2939 Fax: (717) 263-2928 Page 3 I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SABRINA OFENSTEIN, Plaintiff v KEITH LEE DILE, Defendant No. 2007 - CIVIL ACTION - LAW CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements are true 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.A. §4904 relating to unworn falsification to authorities. Date: iO a ` LJ Sa rina Ofenstein I . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SABRINA OFENSTEIN, Plaintiff No. 2007 - v CIVIL ACTION - LAW KEITH LEE DILE, Defendant CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Complaint for Custody, I am this day serving a copy of same via certified, return receipt requested, First Class U.S. Mail, to the following Defendant: Keith Lee Dile c/o TI1mo ;--p Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Date: Smfi e Spen r Abel Ne arth Law Offices 232 Lincoln Way East Chambersburg, PA 17201 Phone (717) 264-2939 CC? ?: ? ?,? ?., ?,? ??? c?- ' O'? _ . j ?, J 1' ?? -?- ?a ? ;= C ...? vGs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SABRINA OFENSTEIN, Plaintiff No. 2007 - C4;vQ v CIVIL ACTION - LAW KEITH LEE DILE, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly waive the filing fees for Plaintiff, Sabrina Ofenstein, in this matter because I believe the party is unable to pay the costs; and I am representing the Petitioner pro bono at this time. Respectfully submitted, Neuharth Law Offices III/ 1%t Am kid III S Spence Abel, Esquire Id. N . 202443 Neuharth Law Offices P.O. Box 359 Chambersburg, PA 17201 Phone: (717) 264-2939 Fax: (717) 263-2928 w ' SABRINA OFENSTEIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-3829 CIVIL ACTION LAW KEITH LEE DILE IN CUSTODY DF,FF,NDANT ORDER OF COURT AND NOW, Monday, July 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 26, 2007 at 1:00 PM 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 prior to scheduled hearing. FOR THE COURT, By. /s/ -IMP I Man an r. Es o. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /* (c2- v /'I /VV (2 r AIN 6C :I Wd C- ,Or LGH =Hi JO OCT - s zoo? A/ O? SABRINA OFENSTEIN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH LEE DILE : No. 07-3829 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this I?Aday of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: The Mother, Sabrina Ofenstein, and the Father, Keith Dile, shall enjoy shared legal custody of the minor child, Preston James Dile, born 4/27/05. The parties 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 23 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. Specifically, the parents shall be required to share with each other information regarding school activities and extracurricular activities in a prompt fashion so that each parent may participate in the Child's education and activities as fully as possible. 2. Physical Custody: The Mother and Father shall share physical custody of Preston on a week on/week off schedule. The parties shall exchange physical custody of Preston at 5:00 pm Sunday until 5:00 pm the following Sunday. This week on/week off schedule shall commence 7/79/07 with Father's week. The pick up/drop off location shall be at Mother's residence unless mutually agreed to otherwise. Transportation of Preston shall be as mutually agreed to. 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 4. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. SS *6 WV S 1 130 LOCI &i_i' c 31141 ?o A'tivioi 6. Holidays shall be shared or alternated as agreed upon pursuant to the attached holiday schedule. Birthdays with Preston shall be split with Father in odd years 8:00 am until 2:00 pm and Mother from 2:00 pm until 8:00 pm. This schedule shall reverse in even years. 7. Each party shall have two weeks vacation per year with the Child with no more than seven consecutive days at a time. A party wishing to utilize this provision shall give thirty days notice to the other parent. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COU T, ?4? J. Cc: Zeshe Beam, Esquire SxCzanne Spencer-Abel, Esquire i_ J. Mangan, Esquire SABRINA OFENSTEIN Plaintiff V. KEITH LEE DILE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3829 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUNS IARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Preston J. Dile 4/27/05 Mother 2. A Conciliation Conference was held on July 26, 2007 with the following individuals in attendance: The Father, Keith Dile, with his counsel, Leslie Beam, Esquire The Mother, Sabrina Ofenstein, with her counsel, Suzanne Spencer-Abel, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: (olU ......... . John J. g , Esquire Custody Con ?iliator HOLIDAYS AND TEVIES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6 pm the evening before the Father Mother holiday to 6 pm the day of the holiday Memorial Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Independence Day From 6 pm the evening before the Father Mother holiday to6 m the day of the holiday Labor Day From 6 pm the evening before the Mother Father holiday to 6 pm the day of the holiday Thanksgiving 1 From 6 pm the evening before Father Mother Half Thanksgiving Day to 3 pm on Thanksgiving Da Thanksgiving 2n From 3 pm on Thanksgiving Day to Mother Father half 6 m the day after Thanksgiving Da Christmas 1 "Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 Mother's Day From 6 pm the evening before the Mother Mother holiday to 6 pm the day of the holiday Father's Day From 6 pm the evening before the Father Father holiday to 6 pm the day of the holiday