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HomeMy WebLinkAbout03-4433 JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA (?.:J- 'N3..:1 : NO.: CIVIL ACTION LAW v. JULIE 1. DEIHL, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND EMERGENCY RELIEF I. The plaintiff is John D. Deihl, residing at 987 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania. 2. The defendant is Julie 1. Deihl, residing at 2403 US-31 Michigan Highway, Unit #5, Plymouth, Marshall County, Indiana. 3. Plaintiff seeks custod~ of the following child: Name Michael Deihl Present Residence DOB 2403 US-31, Michigan 5/14/95 Highway, Unit #5, Plymouth, IN Age 8 years The child was not born out of wedlock The child is presently in the custody of Julie 1. Deihl, who resides at 2403 US-31, Michigan Highway, Unit #5, Marshall County, Indiana. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons John and Julie Deihl List All Addresses 987 Ritner Highway Shippensburg, PA Dates 2000-2003 John and Julie Deihl 116 Vaughn Road Shippensburg, P A 1997-2000 The mother of the child is Julie 1. Deihl, currently residing at 2403 US-31, Michigan Highway, Unit #5, Plymouth, Indiana. She is married. '. The father of the child is John D. Deihl, currently residing at 987 Ritner Highway, Shippensburg, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that off ather. The plaintiff currently resides with the fol!owing persons. Name Relationship No one 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the fol!owing persons. Name Unknown Relationship 6. 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 children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare ofthe child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the child needs for healthy development. 8. 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 below, who are known to have or claim a right to custody or visitation of the child wil! be given notice of the pendency of this action and the right to intervene: Name N/A Address Basis of Claim '. PETITION FOR EMERGENCY RELIEF - REOUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 9. Paragraphs one (1) through (8) are hereby incorporated by reference as though fully set forth. 10. Petitioner believes the child will suffer needless irreparable harm if custody is not immediately temporarily transferred to him for the fol!owing reasons: (A) Mother left the State of Pennsylvania several months ago and Petitioner has had no contact with the child via telephone or otherwise. (B) The child was enrol!ed and attending school at the James Burd Elementary School in Shippensburg. (C) Petitioner is fearful that the child wil! not receive the proper care and treatment that he can give him. (D) Mother has misled Father repeatedly, stating that she was to return with the child on several previous occasions. WHEREFORE, Petitioner respectful!y requests this Honorable Court to enter an Emergency Order granting him primary physical custody of his child pending the scheduling of a conference or hearing on the matters alleged herein Respectful!y submitted, ROMINGER & BAYLEY /. --- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff '. VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 9 4904 relating to unsworn falsification to authorities. ~,./> ./} ,. f ,,,'.J.fl J~'iJ. Deihl, Plaintiff n ~ .;::-; C-, 7\:) '-..... .. jj:.. ~ " >0 , -q tt 10 J "'-. ~ ~ "'I ,.0 vo 0- > '0 ""'- .. ---.. C>Q ~ .. ~ , --I l::.i JJ ~< JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 0.3- ~N33 : NO.._ . CIVIL ACTION LAW v. JULIE L. DEIHL, Defendant : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes John D. Deihl by and through his privately retained counsel, Karl E. Rominger, Esquire and in support of his Petition for Emergency Relief avers as fol!ows: I. Your petitioner is John D. Deihl an adult individual residing at 987 Ritner Highway, Cumberland County, Shippensburg, PA. 2. Your respondent is Julie L. DeiW, an adult individual residing at 2403 US-3l Michigan Highway, Marshall County, Plymouth, IN. 3. Your petitioner is seeking temporary physical custody of the minor child, Michael Deihl, DOB: 5/14/95 for the fol!owing reasons: (A) Mother left the State of Pennsylvania several months ago and Petitioner has had no contact with the child via telephone or otherwise. (B) The child was enrol!ed and attending school at the James Burd Elementary School in Shippensburg. (C) Petitioner is fearful that the child wil! not receive the proper care and treatment that he can give him. (D) Mother has misled Father repeatedly, stating that she was to return with the child on several previous occasions. WHEREFORE, Petitioner respectful!y requests this Honorable Court enter an Emergency Order granting him primary physical custody of his child pending the scheduling of a conference or hearing on the matters al!eged herein Respectful!y submitted, ROMINGER & BAYLEY 2ROminger, Es~uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Date: September 9, 2003 JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: CIVIL ACTION LAW v. JULIE L. DEIHL, Defendant : IN CUSTODY VERIFICATION KARL E. ROMINGER, ESQUIRE, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: September 9, 2003 / r ----- Karl E. Rominger, Esquire Attorney for Plaintiff 0 C~, C) , ~A) ,', . 'r> -~, " r; \) ,..-\ '-'-1 ?"::::, """ i.:) , U ~ '1'<' B ~ l.Li '- <::. ~ <:> " ~ 0J 0 L"__ ~ ...c::::: ~ - - <:x::l. .. "'" "- " ." -< ~ ~ 'i JOHN D. DEIHL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JUUE L. DEIHL NO. 2003-4433 CIVIL TERM ORDER OF COURT AND NOW, this 12TH day of SEPTEMBER, 2003, upon review of the attached petition, there are insufficient facts pled for liS to determine whether we have jurisdiction. Further, the facts pled do not indicate an emergency. Therefore, the petition is denied without prejudice. ( y the Court, Edward E. Guido, J. ~I E. Rominger, Esquire ~ L. Deihl l ~ ~ \\,,~ O'1-J~-(J3 :sld V!i1i'7iilJSNNJd A1J\I('/i_~~.;", . :'~:!:.!,:'i'::JV'Jno t: / :/UJt' Z I dJS co Ab\I'1('~i\\)~,.:' __' ;)0 :J'~)I~'b'CLG:)-td JOHN D. DEIHL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 03-4433 CIVIL ACTION LAW roUE L. DEIHL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Tuesday, October 14, 2003 at 1:30 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 Abnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. VernQ'. 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE nIE 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 --fd"3Cl Of- yr>l'~ "'3-:1If<'CY ~~'w.Q<!. ~ Or rFt~ ^ Jov ~() -- eo/ dl/ 6 V\~'~\i'/0/\S:~~~}g. t, 1 ('\f"j fl'\r<f'.~" ,. ",-':'" \;\ 1'- t:~ :D\ ,"- ..~ ,..., '"\ S \ d.:l:J 'GL . cO MAR u 9 2004 f( JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4433 CIVIL TERM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 9th day of March, 2004, the Conciliator not being contacted for more than 90 days following a general continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, r J~ey~~q~~; Conciliator 6'~ =6 H't I I ~'JH fiDOl '\~1\II0\;()H10Ud 3Hl :10 3~)!:!jC:r-ojl\.j , JOHN D. DEIHL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-4433 CIVIL ACTION LAW v JULIE L. DEIHL, Defendant :IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes John D. DeiW in support of his Petition for Emergency Relief avers as follows: I. Your petitioner is John D. Deihl an adult individual residing at 987 Ritner Highway, Cumberland County, Shippensbury, PA 2. Your respondent is Julie L. Deihl, an adult individual residing at 116 Vaughn Road, Cumberland County, Shippensburg, PA 3. Petitioner is seeking temporary physical custody of the minor child, Michael Deihl, DOB: 5/14/95 for the following reasons: (A) Mother left the State of Pennsylvania 10 months ago and Petitioner had no Contact with the child via telephone or otherwise. (B) Mother returned to State of Pennsylvania on March 27, 2004, and dropped child off at the Petitioners home of residence, 987 Ritner Highway, Shippensburg, P A, and left (C) The said child was returned with only th,~ clothes he was wearing and was in desperate need of medical attention. (D) Medical attention was sought for the said child the day following his return. The following evening the said child was taken to the Carlisile Emergency Room for further medical attention which was needed for the childs nerves from stress and was diagnosed with also having scabies on his body. - , ... (E) Child had been enrolled in three different schools in two different states and lived in four different homes within the past ten months while in the custody of the defendant within those states. (F) Petitioner has said child enrolled back into James Burd Elementary School where he had previously attended. Child is not doing well in school and will probably have to repeat this years class due to lack of attention by the Defendant. (G) Petitioner feels that the mother is not in a stable home or environment at the present time and can not take proper care of the said child. The said child is not permitted to live at the residence where she is residing at this time. (H) Petitioner is fearful that the said child will be removed from the state once again and placed in an unstable living environment. (I) Petitioner can provide a permanent stable home for the child and see that the child gets the attention that he needs, physical and emotionally. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Emergency Order granting him primary physical custody of his child pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, JOHN D. DEIHL ~~ .J .JJ 11jj} ~ Deihl, Petitioner 987 Ritner Highway Shippensburg, P A 17257 (717) 477-9225 Date: April 19, 2004 ~ " "- ~ -....;0 ~ ~ ~ ~ <> <> ~ ~ ~ (") ::~~ -:-"',~ '- ....., r::::> = J.- o ., .-, :r: " rl1~ -nt:n -::.q"? Uo ~~ ~~; ;; ';~I en ~,~ "...... ,v u:> OJ o -.J -.:,. (j APR 1 9 2004 'i JOHN D. DEIHL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-4433 CIVIL ACTION LAW v. JULIE L. DEIHL, Defendant :IN CUSTODY ORDER OF COURT AND NOW, this ~ay of ~ , 2004, t_AA"YVUUY l-'ll'y~I(';W custody of tb'? -':-~r amId, }fiil:wt!l EJ....aJ, 888. J/'l-t./~J, b ~HUllt:U lUllIlt: rChl1Ull~l, Julu! LI. ueihl, Ji iRliil\!! i'utM\II 9."~. ~f 0w.1 .kI1.i'IlI Il RuriK!! 9K flu .. i'h~ ~ r^~plo;~:;t~~.tr'~11 . .. _ ~ r ~~~/'Y _f7ii", hA- R.c.L_fY""tUJ.VH. pi"" (J.)- J .. t.r~ . q~ ;, r;-:-i - A . r..'_ ~1.f -c..e """"'7 .. .. .I ~. '. '",H) ~ ~,~ G'="t-4. ~ ~~ JJR ~ bM-~ b.Q't!;t;~/~) - f,f -'11_; p-5 st.JJ ~ ~~. . .~~~tA.lt,t~ 4'le~~f ~~'y- 1. Distribution: iJ'ohn D. DeiW '7 o~ -,1.l.0~ /.Tulie L. Deihl V:l'<"/l\V.S>,\>::~:':J }Ji'!C\,~~,:' ,"~' """'.:;\;\;8 8 Z :5 [['0 I 2 ~Jd'i flQCl U:)i';:'J'I{Lutlcl 3H1 :,:J j ::'::J:\Ct-CBli:\ JOHN D. DEIHL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-4433 CIVIL ACTION LAW JULIE L. DEIHL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja',queline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 13, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an etTort 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 existinll Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!.. FOR TIlE COURT, By: Isl Jacqueline M. Vermry, Esq. Custody Conciliator mhc 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 A1TORNEY 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 Asso,ciation 32 South Bedford Streelt Carlisle, Pennsylvania 17013 Telephone (717)249-3166 .., .~ ~/l b ---_~ ~ )JlJ'.h5 ~.,.., ~ 2. ~: ~ 'p7(} />i?/l/ W . .,. "1 \SN" 1::].1 !I\J'/I\ I.. .1\ __,rl" v,. "'-'l>In:J liNn"""""') '.~~,:ir', ^-L I\j, E:Z :8 lid '1- AVH ~OOZ Al:N10NOH.l.Ocd 3H.1. :10 3JI::I~I)-(J31I:l o APR 1 9 2004~~ JOHN D. DEIHL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA :NO. 03-4433 CML ACTION LAW v. JULIE L. DEIHL, Defendant :IN CUSTODY ORDER OF COURT AND NOW, this ~ay Of~ ,2004, tn~.t'VH:UY pllY:SH.;w custody of +-b'1--;~':'r ahihl~ rfiob..!d B....JJ, 80B. j,l.f/:l}J, b gIC1l11~U lU lilt: rt:LUIUlll;;l, JuIlllu. ueihl, 'ilHI~ f1lrth!I @,.L V[O:-~~R~-#,::;~,rhr'0;~~n:1~~&~7 R-cLfP ~(itiVll. ;/f f? 11 ~ lv.-c. . ~. :. C-;'_ ~. . ':t::: ~ .. ,; . . ~ ~ .~~ ~ t;~ JA ;.:;:<~ ~ b."t.f/,~~ . . . ~~~p-5S/,-aJJ r_ ~~ . ~~ t/l-,J!1t '-"-' ~~~p ~~,~ 1. Distribution: John D. DeiW Julie L. DeiW '/ ~ MAY 1 4 2004 "/ JOHN D. DEIHL, Plaintiff : IN THE COURT OF' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4433 CIVIL TERM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this h"'dayof fA") , 2004, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: I. Father, John D. Deihl shall have sole legal custody of Michael Deihl, born May 14, 1995. 2. Father shal! have primary physical custody of the Child 3. Mother shall have periods of supervised custody as agreed by Father and Mother. Father shall be the supervisor. 4. 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 ofthis Order shall controL J. ccJohn D. Deihl, pro se 987 Ritner Highway Shippensburg, P A 17257 /> vfulie L. DeiW, pro se 116 Vaughn Road Shippensburg, P A 17257 V'I~V/\lAsr'>:i\:~::cJ ''''1,,-,>",'0''1'''' I\.LI";',,' C". J/',! hJ 92 :6 ~!~ 6\ ,IYll'10DZ Ab'v'lC>~OH10dd 3Hl jO ;:;::-]~O-031L! JOHN D. DEIHL, Plaintiff : IN THE COURT OIl COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2003-4433 CIVIL Tl~RM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fol!owing report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael DeiW May 14, 1995 Father 2. A Conciliation Conference was held in this matter on May 14,2004 with the following individuals in attendance: The Father, John D. Deihl, pro se. Mother did not appear although Father indicated that he personally served her with the Complaint and Notice of Conciliation Conference. 3. Father related that Mother removed the child from this jurisdiction and denied any contact between Father and child for 10 months. During that time Mother lived in several locations and the child attended numerous schools. Mother returned to the area in late March, 2004 and dropped the child offwilh Father. Mother is currently living with her Mother. 4. Father requested an Order in the form as attached. 5-1 3 -of Date ~ L_ .~ /tt t/~ ~vL Verney, Esquire J Custody Conciliator .JOHN D. DI!IHL, Plaintiff I IN THI! COUR1r OF COMMON PLI!AS OF I CUMBI!RLANIlI COUNTY, PI!NNSYLVANIA v. I CIVIL ACTION. LAW .JULII! L. DI!IHL, Defendant = NO. 2003. 44:33 CIVIL TI!RM I IN CUSTODY PETITION FOR CUSTODY NOW comes the defendant, Julie L. Deihl, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The plaintiff I respondent is John D. Deihl, aln adult individual residing at 987 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The defendant I petitioner is Julie L. Deihl, .m adult individual residing at 19 West Main Street, Apartment 1, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the parents of a minor son, namely Michael Deihl (born May 14, 1995, age 9 years). 4. The parties are subject to an Order of Court, signed by Judge Edward Guido on May 18, 2004, in which legal and physical custody was awarded to the Father and supervised visitation of the child was awarded to the Mother (a copy of this order is incorporated herein by reference and attached hereto as Exhibit "A"). 5. Said order was entered pursuant to the report of the custody conciliator, Jacqueline M. Verney, Esquire, in which it was reported that the Mother did not attend although Father indicated that he personally served the Mother with the custody complaint and notice of the conciliation conference. 6. Contrary to the statements of the Father at the conciliation conference, he did not serve the Mother with either the complaint or with the order of court setting forth the date and time for the conference. 7. Father did orally advise Mother of the date and time for the conference, but since the Mother does not object to the Father having primary physical custody of the child, had not seen anything in writing documenting the filing of a complaint and since she did not realize that the Court might grant sole IE~gal custody of the child to the Father or require her visitation to be supervised by the Father, she elected to go to work that day instead of attending the conference. 8. Mother does desire close involvement with her son and input, decision making authority and influence into the major aspects of his life and upbringing such as would be possible under a joint legal custody arrangement. 9. Furthermore, though she does not object to the Father having primary physical custody, she does object to her visitation with the child being supervised by the Father. In the past, Father has frequently taken these opportunities to attempt to persuade her to return to the marital home, rather than pel'mit her to have unfettered contact with the child. 10. Mother is living in Newville, Pennsylvania and is willing to have any temporary physical custody of the child take place at her mother's home and with her mother's supervision at this time. 11. Petitioner 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. 12. Petitioner does not know of a 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. 13. Petitioner believes and therefor avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the child and that the Father have primary physical custody of the child, but that she have temporary physical custody of the child on the condition that at this time all such temporary custody be exercised at the home of her mother and with her mother's supervision. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. HAROLD S. IRWI , III Attorney for petiti er June 1, 2004 64 South Pitt Stlreet Carlisle, Penns)'lvania 17013 (717) 243-6090 Supreme Court 11.0. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition 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 unsworn falsification to authoritil3S. June 1,2004 ~i-'~:17 (1;;).01.-1 J IE L. DEIH . . EXHIBIT "A.. (f MAY 1 4 2004 ~ JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4433 CIVIL TERM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Ii "'day of (il"l ,2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. Father, John D. Deihl shall have sole legal custody of Michael Deihl, born May 14, 1995. 2. Father shall have primary physical custody of the Child 3. Mother shall have periods of supervised custody as agreed by Father and Mother. Father shall be the supervisor. 4. 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 J. cc: John D. Deihl, pro se 987 Ritner Highway Shippensburg, P A 17257 Julie L. Deihl, pro se 116 Vaughn Road Shippensburg, P A 17257 JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-4433 CIVIL TERM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael Deihl May 14, 1995 Father 2. A Conciliation Conference was held in this matter on May 14, 2004 with the following individuals in attendance: The Father, John D. Deihl, pro se. Mother did not appear although Father indicated that he personally served her with the Complaint and Notice of Conciliation Conference. 3. Father related that Mother removed the child from this jurisdiction and denied any contact between Father and child for 10 months. During that time Mother lived in several locations and the child attended numerous schools. Mother returned to the area in late March, 2004 and dropped the child off with Father. Mother is currently living with her Mother. 4. Father requested an Order in the form as attached. '::"~'-I 3 -t',/ Date ~-<-tJ-.~t /Ui. ~u acq line M. Verney, Esquire Custody Conciliator ~ R "iq fI:. & ~ ...... "1 ...l::. () "'- ~ ()t 6"'- ~ ()t -u () r-- "<~ () c: ~ilY U:. 'r~-. t~t~; ;f~ fi ..i>c- 2;; :;j "" <=:> = ..,.. o "11 W~ 'p :pn1 d? ~s. oj;: .T) -< <- c: ;0:;: , -0 ::r:. - .. '-0 CJ) JOHN D. DIEHL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYL VANIA v. 03-4433 CIVIL ACTION LAW JULIE L. DIEHL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 09, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betoreJacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 29, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftort 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 exlstinl: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Jacqueline M. Vern,~. Esq. Custody Conciliator mhc 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 accessiblle facilities and reasonable accommodations available to disabled individuals having business befon: 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 AF'FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIf 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 ~~-b ~'~~ icJ'b-~ - - #P?> ~ qz. ,tp :$J;;? ~jd., ~r?' cr "? ~~ ~ ~~ /1(;'./;.1 ~ \;/:\\rv/~!, !SN!" ,;::id '''''n'','''' t.' "," ,..""c,r, 1\.:...I\i I_i,' i 1"'J":1 1u ., I .r [,!.,J L,- p;lr h~'OZ (~ "V .~', C 1<" d 'IV AtJiLC:\[C)H1Udd :1Hl jO ,:i~:t~j(}.(r:nL 1 JUN 3 0 2004 ~ JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4433 CIVIL TERM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ,2004, upon consideration of the attached Custody Con hatlOn Report, It IS ordered and dIrected as follows: I. The Father, John D. Deihl and the Mother, Julie L. Deihl, shall have shared legal custody of Michael Deihl, born May 14, 1995. Each parent shall have an equal right to be exercised jointly with the other parent, to make al! major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. Father shall have primary physical custody of the Child 3. Beginning July 3, 2004, Mother shall have periods of supervised partial physical custody on alternating weekends, eight hours on Saturday and Sunday, at times agreed by the parties. Maternal grandmother shall be the supervisor. 4. Neither party may remove the Child from th,~ jurisdiction without further Order of Court. The parties may take the Child out of the State on vacation provided they tell the other party the location of the Child and a telephone number where the child may be reached. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. Another Conciliation Conference is scheduled for September 2, 2004 at 8:30 a.m. Edward E. Guido, J. "" '01 p" (. "j. fii/ 2- 7nnODZ .\UVLOj\:C/-I1C(~:!:3 3Hl .:10 :3'Jid~O-G311::l cc: Harold S. Irwin, III, Esquire, Counsel for Mother John D. Deihl, pro se 987 Ritner Highway Shippensburg, P A 17257 ~~~ 1.o;J..d'-l 9-. , .. i\..L -~[/':::J Z i :01 \W 2- lnr ~OQZ ;""~II(""r-'lln"i :1'-11 ~o ,\u".:..~), ',..)1 '.)\J.n....l' - c();J,;lQ-G31I:l JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-4433 CIVIL TERM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: l. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael Deihl May 14,1995 Father 2. A Conciliation Conference was held in this matter on June 29, 2004 with the following individuals in attendance: Harold S. Irwin, III, Esquire, counsel for Mother, Julie L. Deihl and Father, John D. Deihl, pro se. 3. The Honorable Edward E. Guido entered an Order of Court dated May 18, 2004 granting sole legal custody and primary physical custody of the child to Father, with Mother having periods of supervised visitation as agreed, with Father being the supervisor. 4. The parties agreed to a Order in the form as attached. {p -,}- Cj-(){ Date ~41~j,;, /::;y Custody Conciliator SfP 0 2 200' ? v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-4433 CIVIL TERM JOHN D. DIEHL, Plaintiff JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of September, 2004, the parties having reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ( ine M. verney,~;u~~conciliator r'" f: ',-::''-', t'..) Q '" {::;'-,;-, _:32 (~ -Ti :;.:l ~:J I l...:,:,' - In The Court Of Common Pleas Cumberland County Of Pa. No. 2003-433 Civil Term WITHDRA WL OF CUSTODY ORDER 1.1 the Father,John D.Deihl,wishes to have natural custody like it was at birth of Michael A Deihl, BDI May14,1995 2.1 the Mother, Julie L. Deihl, wishes to have natural custody like it was at birth of Michael A Deihl,BDI May 14,1995 3.We are asking the court to grant us no restrictions. Please consider the court order of July 2,2004 to be null and void. 4.Parents of said child are now living together.They have resolved all marital differences, and the child is very content now to have both parents,as was from May 14,1995 Thank You, JohnD. Deihl ~.~ 0 ,,1/J.}Dase /o~ 1'-/-01 Julie L. Deihl ;!.-e.b i(l)t;'hate/o//~~~ Witn,,, a4tfih .y~ D'" I'" ),; /&?' ~..r':"::.., ill. .. ,'e',,,'.'" '/~;,~~:f""~ ,P,'~F'~ ^. ~..,',:~~ ,,~:.I.J;.~"" -, ..........."..~~;~ " (") ....., c.::> 0 C = -;1 -,''''' J:" -q[j') 0 ::::J r:~) Lr~ " ...l:;-n I ~, -i ,l'r to" \".') :g~ ~~; 00 C) _., :;J '2(' -0 -:r 'I ():;' ~~~ ::IJ:: "70 .c..,,-['11 '-!-: () -, :i~~ :'1 .r. -(. Ui ~ JOHN D. DEIHL V. JULIE L. DEIHL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA NO. 2003-4433 CIVIL TERM ORDER OF COURT AND NOW, this 3RD day of NOVEMBER, 2004, based upon the attached agreement of the parties, our Order of May 18, 2004, is VACATED. .,/1ohn Deihl ~lie L. Deihl :sld IEdward E. Guido, J. > '<\;:/l~:l}.. :;; .: ': }J.NC:C. ,'" ... =di\\J 5 S :01 ~r1 i-J - ~\ON ~OOZ ,A,81/l0i\CH.L02d 3Hl ::lO "1"1 1 'r....t13ll.,j :hJ':l.:lU- \J.. L... OCT 2 9 2004 ~i C5 John D. Deihl, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUJ"ITY,PENNSYL VANIA V. :NO. 2003-4433 CIVIL TERM Julie L. Deihl, Defendant :CIVIL ACTION -LAW :IN CUSTODY ORDER OF THE COURT AND NOW, this~day of ~2004 1.1 the Father, John D. Deihl, wishes to have natural custody like it was at birth of Michael A. Deihl,BD/ Mayl4, 1995 2. I the Mother, Julie L. Deihl, wishes to have natural custody like it was at birth of Michael A. Deihl, BD/ May 14, 1995 3. Weare asking the court to grant us no restrictions.Please consider the court order of July 2,2004 to be null and void. 4.Parents of said child are now living together. The:y have resolved all marital differences,and the child is very content now to have his Mother home,as was from May 14, 1995. In The Court Of Common Pleas Cumberland County Of Pa. No. 2003-433 Civil Term WITHDRA WL OF CUSTODY ORDER 1.1 the Father,John D.Deihl,wishes to have natural4~ustody like it was at birth of Michael A. Deihl, BD/ May14,1995 2.1 the Mother, Julie L. Deihl, wishes to have natural custody like it was at birth of Michael A. Deihl,BD/ May 14,1995 3.We are asking the court to grant us no restrictions. Please consider the court order of July 2,2004 to be null and void. 4.Parents of said child are now living together. They have resolved all marital differences, and the child is very content now to ha.ve both parents, as was from May 14,1995 Thank You, . JohnD.DeiW ~<O ..)jJ}DateIO-I'/'-DY Julie L. Deihl t<.Lb rflJt:Jhare 10 j/ ~ "I Witness r;J41J..tb. 01~/ Dare /J! )'/ /cJ-! .' "k.\I, " .Ji .",,: y,.t~'f.ir. ~~,~ l~~ ~':>:;.:::!> "'. ., ~~ 0 r-) 0 C,::) C c::;:) -n -,... .:- .'. -I -0 t-~'j 0 'Y ~.:LL ("") h\~ ~ - I'" "nm (/1 l'') -nx ....<-:...."" 0;) 0 C-c ....1 '.:> -0 .~,- -r'l ~~~ t5:D :J]: ...;' (") ,-" rn tf? ........) -.... 5} ~ ..... :D -<. eJ", -:.: JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . :NO: 2003-4433 CIVIL TERM v. . . JULIE L. DEIHL, Defendant : IN CUSTODY PETITION FOR EMERGENCY MODIFICATION AND NOW, comes John D. Deihl 1. Your petitioner is John D. Deihl an adult individual residing at 987 Ritner Highway, Cumberland County, Shippensburg, PA 17257. 2. Your respondent is Julie L. Deibl, an adult individual residing at 987 Ritner Highway, Cumberland County, Sbippensburg, PA 17257. (Last known address was bere, she moved back bere in August 2004, with said petitioner and the minor child). 3. Petitioner is seeking a petition for emergency modification of custody of the said minor child, Michael Deihl, DOB: 5/14/95 for the following reasons: (A) Petitioner was granted full custody on 18 May 2004, with supervised visits with the defendant. Said minor child had been in the petitioner's care from March 2004, until full custody was granted to the Petitioner in May 2004. (Said minor bad been missing from June 2003 until March 2004) (B) Defendant pressured tbe Petitioner to sign his rights back to botb of them by being nice and acting like sbe was going to move back borne witb tbem and try to work out their marriage, the Petitioner refused to do so. Defendant then moved back into tbe borne witb Petitioner and minor cbild in August 2004, stating that she wanted to make their marriage work. (C) November 2004, tbree montbs after Defendant moved back into tbe Petitioner's bome, the Defendant threatened Petitioner that if he didn't sign off custody she was going to leave again knowing all along that she was planning on taking the said minor child again while the Petitioner was at work and disappear again. Petitioner signed the paper just so she would stay with the family. NO ONE witnessed that the Petitioners signature. Defendant knowingly with false pretense took the form to her mother and had ber mother sign as a witness to the signature knowing the form was being falsified. Defendant took the signed paper work to the Cumberland County court house knowingly she had falsified the form with a witnesses signature that she had seen the Petitioner sign the paper. (D) Petitioner thought the marriage was improving, so he didn't fear anymore about the Defendant taking the said minor child away again while he was at work like she did the first time. (E) Petitioner came home from work on the morning of 17 January 2005, and found that the Defendant again removed the said minor from the Petitioner's home and left no message ofwbere they went. The mother of the Defendant knows where they are. Defendant has not contacted the Petitioner since she left. (F) Said minor child has not been in school since 14 January 2005. When the Defendant took the said minor child the last time he had been placed in three or four different schools within 6 months time and said minor told Petitioner that they had no food to eat that he thought the food on the food courts in a grocery store was free because tbat was where they got their meals. Minor child also stated that the Defendant had him steal things from the stores (shampoo, soap, toilet paper, etc., for their use). He stated that Defendant washed his clothes with shampoo when she did wash them. (G) Defendant has relocated seven times from July 2003 to 17 January 2005, just staying with whomever will take them in. Petitioner fears that his child is in great danger being with the Defendant and is being turned into a thieve by making him steal his food to survive and will end up dead or in a foster home if he gets caught. (H) Petitioner received tbe said minor cbild back tbe last time witb scabies on his body, and bis bair badent been cut for some time. His sboes were too big for bis feet and bis clotbes be was wearing were badley soiled. Said minor child was taken to the bospital wben be was returned to the Petitioner and was placed on medication for stress and his nerves. Said child's elementary scbool can verify tbe bebavior of this child since be has returned to tbeir school in March 2004. The said minor child was completely out of control when be was returned to his father in March 2003, and the Petitioner was just starting to get him settled down and obey his rules. (I) Defendant is not capable of taking care of this said minor and the Petitioner fears for the said minor's life. Defendant is accompanied by 19 year old son that practices Satanism and has threatened to kill said Petitioner on several occasions, even in writing telling tbe Defendant not to worry because the Petitioner would soon be dead. (J) Petitioner ask to bave the custody reversed back to the original Custody order immediately that was given to him in May 2004 due to Defendant's capability to raise said minor the way he needs to be raised and have food to eat without stealing it. Defendant did use false pretences to get the Petitioner to sign the form and tben having Defendant's mother witness the Petitioner's signature when she was not present to witness that the signature was the signature of the Petitioner. Respectfully submitted, JOHN D. DEIHL ~~~;~~- 987 Ritner Highway Shippensburg, P A 17257 (717) 477-9225 ~~ /;:;:\) :cl C> ~f2 r "..0 c~ ...-, c? cJ' ~n '- .-1 ~:;,: -,,- - [1--1 !"",) -- 0' \..0 " JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2003-4433 CIVIL ACTION LAW v. JULIE L. DEIHL, Defendant : IN CUSTODY PETITION TO WITHDRAW AS COUNSEL Karl E. Rominger, Esquire, of Rominger, Bayley & Whare, hereby petitions the Court for Leave to Withdraw as Counsel for the Plaintiff in the above-captioned matter. In support of this Petition, Petitioner avers the following: 1. Petitioner is Karl E. Rominger, Esquire, counsel for the Plaintiff in the above captioned matter. 2. Plaintiff retained counsel, Karl E. Rominger, Esquire, in 2003, for representation in the above captioned case. 3. Petitioner has performed no work on the matter since 2003. 4. Plaintiff filed a Petition for a Custody Hearingpro se, and a hearing has been scheduled for February 4, 2005, at II :00 a.m. 5. The withdrawal of Petitioner as counsel will have no adverse effect on the interests of Plaintiff and Plaintiff has had ample time to employ replacement counsel should he choose to do so. 6. Plaintiff has not contacted Petitioner for representation. 7. Plaintiff has signed an Affidavit releasing Petitioner as his attorney and indicating he wishes to proceed pro se. (Exhibit "A") WHEREFORE, Petitioner respectfully requests that the Court enter an Order granting leave to withdraw as counsel for the Plaintiff in this matter. Date:l/';P)S- Respectfully submitted, ROMINGER, BAYLEY & WHARE '/ __".<;;;::::::"'~:-_J-- -.--.-..------- ..- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2003-4433 CIVIL ACTION LAW v. JULIE L. DEIHL, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Petition to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 Dated: January 28, 2005 Respectfully submitted, ROMINGER, BAYLEY & WHARE ~ " Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO.: 2003-4433 CIVIL ACTION LAW v. JULIE L. DEIHL, Defendant : IN CUSTODY AFFIDAVIT TO RELEASE COUNSEL I, John Deihl, do hereby release Karl E. Rominger, Esquire, as my attorney for representation in the above captioned custody matter. It is my wish to proceed pro se and to represent myself in the custody hearing which is scheduled for February 4, 2005, at II :00 a.m. I have been informed of the ramifications of my decision. Date: /.-';)It-65 ~ .<. J _ # ,~'-IJJ Jo D. Deihl - Ex,t lu't //} I; VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 9 4904, relating to unsworn falsification to authorities. / o('?5-o 5 ~ J ~ tl --"j # John D. Deihl 1 Plaintiff Date: "" (.~.:> ~:::') c.n ~ :;1'''' o -" :ct T) nl.." r.-- -on1 .:c.,e) ()l .';J' ) 8t~ ~::5 -< N OJ ~ ~.;;;;: <-:! J:" .:- SPECTOR GADON & ROSEN, PC By: John T. Asher, III, Esquire Identification No. 76957 7 Penn Center 1635 Market Street, 7th Floor Philadelphia, PA 19103 (215) 241-8888 Fax: (215) 241-8844 Attorney for the Defendants, Carlisle Sports Emporium, Inc. and Sports Emporium Fastrack DANIEL and BRENDA ROBINSON Individually and as Parents and Natural Guardians of VICTORIA ROBINSON, a minor COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-5790 - CIVIL TERM Plaintiffs, v. CARLISLE SPORTS EMPORIUM, INC. and SPORTS EMPORIUM FASTRACK, Defendants. DEFENDANTS' MOTION TO COMPEL THE PLAINTIFFS TO PROVIDE FULL AND COMPLETE ANSWERS TO THE DEFENDANTS' DISCOVERY REOUESTS The defendants, Carlisle Sports Emporium, Inc. and Sports Emporium Fastrack, (collectively referred to as the "Defendants") by and through their attorneys Spector, Gadon & Rosen, P.c. and John T. Asher, III, Esquire, hereby move this Honorable Court for an Order compelling the plaintiffs, Daniel and Brenda Robinson, individually and as parents of Victoria Robinson, a minor (collectively "the Plaintiffs") to provide full and complete responses to the Defendants' interrogatories, request for production of documents and expert and lay witness interrogatories (the "discovery requests"), and in support thereof aver as follows: I. This matter arises on or about July 30, 2003, when the minor plaintiff, Victoria Robinson, was allegedly involved in an accident while operating a go cart at the facility operated by the Defendants, which is located at 29 S. Middlesex Road, Carlisle, Pennsylvania. 2. The Plaintiffs initiated this action by writ on November 3, 2003, and subsequently file a complaint in civil action on January 20, 2004. 3. On or about March 3, 2004, the Defendants filed their Answer with New Matter to the Plaintiffs' Complaint, and thereafter forwarded discovery requests in the nature of interrogatories, request for production of documents and expert and lay witness interrogatories to plaintiff s counsel on March 29, 2004 ("Discovery Request"). A true and correct copy of said discovery requests are attached hereto collectively as Exhibit "A." 4. Pursuant to Pa. R.C.P. Nos. 4006 and 4009.12, the Plaintiffs' responses to the Defendants' discovery requests were due within thirty (30) days or by April 28, 2004. 5. On or about June 16,2004, the Defendants' counsel inquired regarding the status of the plaintiffs' answers to the defendants' discovery requests, and requested that the plaintiff provide responses to the defendants' discovery requests within thirty (30) days. A true and correct of said correspondence is attached hereto as Exhibit "B." 6. To date, the Defendants have not received the Plaintiffs' answers to the Defendants' discovery requests and they are long overdue. 5. In order properly to evaluate this case and prepare a defense, it is imperative that the plaintiffs respond to the Defendants' discovery requests. 6. Pursuant to Pa.R.c.P. No. 4019, the Court may enter an order compelling the Plaintiffs to provide answers to outstanding discovery requests. WHEREFORE, the Defendants respectfully request that this Honorable Court enter an order directing the plaintiffs to provide full and complete responses, without objection, to the defendant's discovery requests within ten (10) days or suffer sanctions upon application of this Honorable Court. SPECTOR GA ON & ROSEN, P ./ BY: DATED: January 2!tz, 2005 SPECTOR GADON & ROSEN, PC By: John T. Asher, III, Esquire Identification No. 76957 7 Penn Center 1635 Market Street, 7'h Floor Philadelphia, PA 19103 (215) 241.8888 Fax: (215) 241.8844 Attorney for Defendants, Carlisle Sports Emporium, Inc. and Sports Emporium Fastrack DANIEL and BRENDA ROBINSON Individually and as Parents and Natural Guardians of VICTORIA ROBINSON, a minor COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-5790 - CIVIL TERM v. Plaintiffs, CARLISLE SPORTS EMPORIUM, INC. and SPORTS EMPORIUM F ASTRACK, Defendants. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL The defendants, Carlisle Sports Emporium, Inc. and Sports Emporium Fastrack (collectively referred to hereinafter as the "Defendants"), properly served interrogatories, requests for production of documents and expert and lay witness interrogatories (the "discovery requests") upon the plaintiff on March 29, 2004. See Exhibit "A", attached to the motion. I Pursuant to Pa. R.C.P. Nos. 4006 and 4009.12, the Plaintiffs' responses to same were due on April 28, 2004. Despite the Defendants' counsel's inquiry concerning the Plaintiffs' responses to the discovery requests in his correspondence of June 16, 2004, the Plaintiffs have failed to provide answers to the Defendants' discovery requests. See Exhibit "B." The Plaintiffs have All exhibits referred to herein are attached to the motion unless otherwise specified. utterly failed to provide any responses to the Defendants' discovery requests, which have been outstanding for more than 9 months. For all the foregoing reasons, as well as those reasons set forth in the accompanying motion to compel, Defendants' respectfully request that this Honorable Court grant the Defendants' motion to compel and direct plaintiffs to provide full and complete answers, without objection, to the discovery requests within ten (10) days or suffer sanctions upon application of this Honorable Court. BY' ~ . ASHER, III, ESQUIRE f\. rne for the Defendants, Carli'e orts Emporium, Inc. and Sports orium Fastrack ADON & ROSEN, P.c. DATED: January ~2005 CERTIFICATE OF SERVICE I, John T. Asher, III, Esquire, hereby certify that I caused a true and correct copy of the Defendants Motion to Compel Discovery to be served on this -4 day of January, 2005, by facsimile and First Class United States mail, postage prepaid upon the following counsel for Plaintiffs: Lee C. Swartz, Esquire Tucker Arensberg 111 N. Front Street PO Box 889 Harrisburg, P A 17108-0889 ,..., c:~ (',:..,) c)'" '-- J:.',,.' '~\'." ~- N cP ":'-;; ";,,. ~...l, -~ !::: _:',1., o -'n ::;1 {r~ -;D. -c'rD ~.,;') 'C..'i} ~?1C) '.'.1.;:-\} c",~ (') .I<f[1 ~:,:!\ '~ C;? - J;.". o '?~]C!55 ~ JOHN D. DEIHL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY OF PENNSYLVANIA :NO.2003-44.33 CIVIL TERM :CIVIL ACTION -LAW V. : :IN CUSTODY JULIE L. DEIHL, Defendant ORDER OF COUR1[ AND NOW, this.1(,~day ofVAN~, 2005 ,,~ flt. ~ ~J~~~-.F~'i;/OO~ (/'1\ 1. I llle rtalutlt'f JUfil''j Y. Y~l"L wisli1he court to grant me SOle legal cmuud,)' "f the said Minar skill. UU::K...~Kl. ~. n, Ma,y U, n~. -t.- e" .t (' --:r::.. /" ~ ~ - ~ /I:t> l> A .)11. ,;. -It s" t f"-4 ~ -) ~ 2. I U... Fla;IIHff ..u..1d I;L.... Lv have toe court order lto be null and voill on Nu~",IUkl.l J, 1991 ftRtI DY!1t9f1r F8tYFROll ta ....... Ol~ :i- 'IlllTQQ a,-ontAd nn Mor 111 "j}04. ...{ ~t;; Ai'h:,,;b~ du....u..."'Il.,' ~ ft... ) J. /0' <'\ D\'~ 21 :Z t,ld 92 NVr SiJOZ AtiV10NOi-hOdd 3Hl ;j-J 3:)i:UD~.o:nl:~ "\' " \.Jhj\i c y ~ JOHN D. DEIHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2003-4433 CIVIL ACTION LAW v. JULIE L. DEIHL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this J Ij: day of ~_, 2005, upon consideration of the within Petition, Karl E. Rominger, Esquire, and the law firm of Rominger, Bayley & Whare are hereby granted leave to withdraw as counsel for Plaintiff, Jo]m Deihl, in the above captioned case. 1. Distribution: ~l E. Rominger, Esquire Ahn Deihl 987 Ritner Highway Shippensburg, P A 17257 -> v-fessica Diamondstone, Esquire MidPenn Legal Services Su~ ',C '.'..,".J ., _ r;'j ['0,"'" '_' Q ... (., C_:.1 ;:lU:){.. :1 JOHN D. DEIHL, Plaintiff VS JULIE L. DEIHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CV-4433-2003 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 7th day of February, 2005, we enter the following temporary order that lS to be in Dlace until a final otherwise at conciliation: order after a full hearing can be held, or the matter is resolved 1. Parties shall have joint legal custody of the Child, Michael Deihl, born May 14, 1995. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial custody with the Child every other weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m. Provided, however, Mother must keep Father apprised of her residence and telephone number, This matter shall be he referred to the conciliator for further proceedings. v1?hn D. Deihl, pro se 987 Ritner Highway Shippensburg, PA 17257 ~lie L, Deihl, pro se ;> " 116 Vaughn Road Shippensburg, PA 17257 v6~urt Administrator :mlc J. \,~7 .ry'\ ','.I ',--:,' ::'--J ( \.~ - -- JOHN D. DEIHL, Plaintiff v. JULIE L. DEIHL, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2003-4433 CIVIL ACTION LAW : IN CUSTODY Please withdraw my appearance on behalf of the Plaintiff in the above captioned matter. Date: February 9, 2005 cc. John Deihl Jessica Diamondstone, Esquire MidPenn Legal Services Respectfully submitted, ROMINGICR, BAYLEY & WHARE .I / Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff I,() c.~ CTl r'~:~ L:"J l.!... II. ("") JOHN D. DEIHL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-4433 CIVIL ACTION LAW JULIE L. DEIHL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 08, 2005 >>' upon consid,eration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at 4th Floor, Cumberland County Courtbouse, Carlisle on Thursday, March 03, 2005 at 9:30 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 appear at the conference may provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verne'v, 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 intormation 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 A TTORNEY 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) 249-3 I 66 . -.-i, ~"71 ~' ,,- ~ ~ '0 i' t ~f . ../.... J:Y;r7 'irJ i' . e .. iL. ili!j AW'''' ,~J r ,. . ff!-7 h/lr 1-- --i/ . ,;,1 .1'1' ,\ -:...,1 y fE8 C 6 zeos V JOHN D. DEIHL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E-F 21 CY H J J 2003 0:; - '{ '-\ ~ '5 Plaintiff VS JULIE L. DEIHL, CIVIL ACTION- LAW Defendant CUSTODY ORDER OF COURT AND NOW, this 7th day of February, 2005, we enter the following temporary order that is to be In place until a final order after a full hearing can be held, or the matter is resolved otherwise at conciliation: 1. Parties shall have joint legal custody of the Child, Michael Deihl, born May 14, 1995. 2. Father shall have primary physical custody of the Child. 3. Mother shall have periods of partial custody with the Child every other weekend from Friday at 5:00 p.m. until Sunday at 6:00 p.m. Provided, however, Mother must keep Father apprised of her residence and telephone number. This matter shall be he referred to the conciliator for further proceedings. J. John D. Deihl, pro se 987 Ritner Highway Shippensburg, PA 17257 Julie L. Deihl, pro se 116 Vaughn Road Shippensburg, PA 172~7 (~. Court Administra.t~-' :mlc Rr.C-".':-n c"O ^ f' '~C5 . ~ t ,~oJ ""' "o.u -.J!f' JOHN D. DIEHL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4433 CIVIL TERM JULIE L. DEIHL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 6th day of September, 2005, the parties having advised that they do not need a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, 1vi.1i ustody Conciliator >. <..0 ;>- ~ ~- Z f-' :~ (, w~~ ) C.)..':.._~ , 1..' c.- o.. ~~ ~~~ '-0 "'.:Jk~- I ~ I ILl- dUJ c_ u-FS L.Ll " en >:~ U? u.. c:;:;;, :.:) 0 <:--> (..) <'-'