HomeMy WebLinkAbout07-5381IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRADLEY J. HII,TY,
Plaintiff
No. Q ,7 - s3 ~'1 ~ f ~t ~ '~~-
IN CUSTODY
vs.
PATRICIA DEBLASIS,
Defendant
CIVIL ACTION -LAW
N TILE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth againstyou. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR ~'ELEPHONE 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
(717) 249-3166
N~Z'ICIA
Le hen demandado a usted en la torte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dies de plazo al partir de la fecha de la
demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado
y archivaz en la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la come tomara medidas y puede entrar una Orden
contra usted sin previo aviso o notification y por cualgui~r queja o alivio que es pedido en la petition
de demands. Usted puede perder dinero o sus propiendades o otros derechos importantes Para usted.
LLEVE ESTA DEMANDAA UN ABOGADO IMMED~ATAMENTE. SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL
O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar association
32 South Bedford Street
Cazlisle, Pennsylvania 17013
(717) 249-3166
KNIGHT & ASSOCIATES, P.C.
Sean M. Shultz, Esquire
Attorney ID No. 90946
11 roadway Drive, Suite B
Cazlisle, Pennsylvania 17013
(717) 249-5373
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BRADLEY J. HILTY, Nq. ~ ? _ ~3 ~ ~ C ; / ~ ~ f 'un~
Plaintiff
IN CUSTODY
vs.
PATRICIA DEBLASIS,
Defendant
COMPLAINT FOR PRIMARY CUSTODY AND EMERGENCY RELIEF
AND NOW, this G'~ day of September, 2007, comes Plaintiff, Bradley J. Hilty, by and
through his attorneys, Knight & Associates, P.C., and files the following Complaint for Partial
Custody in support thereof avers as follows:
1. Plaintiff is Bradley J. Hilty, ("Father'; whose mailing address is PO Box 31,
Hummelstown, Pennsylvania 17036.
2. Defendant is Patricia Deblasis, ("Mothet") who has resided at 3 Derbyshire Drive,
Cazlsle, Pennsylvania 17013 until recently when it is now believed that she has moved to 19850
Beach Road, 8B, Jupiter Island, Florida 33469.
Cl"VII, ACTION -LAW
3. Father seeks primary physical custody and sole legal custody of the following child:
Name
Present Residence
Age D!O/B
Samuel J. Hilty ("Sam")
same as Mother above
Sam was not born out of wedlock.
Sam is presently in the physical custody of Mother.
15 September 8, 1992
During the past five years, Sam has resided with the following persons and at the following
addresses:
a. From August of 2002 to November 7, 2004 with the parties at 3 Derbyshire,
Carlisle, Pennsylvania; and
b. From November 7, 2004 to the time of Mother's departure to Florida with
Mother at 3 Derbyshire, Cazlisle, Pennsylvania.
The mother of Sam is Mother, Patricia Deblasis and she currently resides as stated in
paragraph 2 above. She is married to Father.
The father of Sam is Father, Bradley J. Hilty, whose mailing address is PO Box 31,
Hummelstown, Pennsylvania 17036. He is married to Mother.
4. The relationship of Plaintiff to Sam is that of natural father. He currently resides at
777 West Harrisburg Pike, Middletown, Pennsylvania, 17057.
5. The relationship of Defendant to Sam is that of natural mother. It is unknown
whether she resides with anyone other than Sam.
6. Father has not participated as a party or witness, or in any other capacity, in other
litigation concerning the custody of Sam in this or another court.
Father has no information of a custody proceeding concerning the custody of Sam in this or
any other court.
Father does not know of a person not a party to the proceedings who has physical custody
of Sam or claims to have custody or visitation rights with respect to Sam.
7. The best interests and permanent welfare of Sam will be served best by granting the
relief requested because:
a) Father provides Sam with a home with adequate moral, emotional and
physical surroundings as required to meet Sam's needs;
b) Father is, and has always been, w311ing to accept custody of Sam; and
c) Father continues to exercise parental duties and responsibilities and enjoys
the love and affection of Sam.
d) On August 22, 2007, Mother sent an e-mail to Father advising him that if he
wishes to contact her or his son, he should call them at the Florida phone number she provided.
A copy of Mother's August 22, 2007 a-mail is attached hereto as Exhibit "A" and is incorporated
herein and made a part hereof.
e) Mother sent the August 22, 2007 a-mail to Father at a Comcast account that
she was previously advised Father checked infrequently even though she had consistently
corresponded with Father on his AOL email account.
f) Father discovered the August 22, 2007 email from Mother on Monday, August
27, 2007 and immediately contacted Mother by a-mail and by leaving a message on her cell phone.
A copy of Father's August 27, 2007 a-mail is attached hereto as Exhibit "B" and is incorporated
herei8 and made a part hereof.
g) On the morning of Wednesday, August 29, 2007, Mother returned Father's
phone call and told him that she had unilaterally decided.. to move Sam to Florida and enroll him in
school there.
h) On August 16, 2007, Father called Sam at home. Mother answered and would
not bring Sam to the phone. Furthermore, Mother made no mention of her impending move to
Florida.
(i) The parties have been involved in a protracted divorce matter.
(j) On April 12, 2007, Mother sent Father an e-mail in which she attempted to
manipulate Father's love and affection for Sam so that she could coerce Father into agreeing to a
divorce settlement that was advantageous for her. A copy of Mother's April 12, 2007 a-mail is
attached hereto as Exhibit "C" and is incorporated hereirY and made a part hereof.
(k) After Mother's Apri112, 2007 a-mail, the parties met and Mother told Father
that if he signed the Divorce Settlement she offered she wvould work to restore his relationship with
Sam.
(1) Said Divorce Settlement agreement would have granted Mother sole legal
custody of Sam.
(m) Sam's birth certificate reads that his name is Samuel James Deblasis Hilty.
(n) Despite that Sam's name is "S2unuel James Deblasis Hilty" Mother has
attempted to alienate Father from Sam by registering Sarin as "Samuel Deblasis-Hilty" at school and
listing him as "Samuel J. Deblasis-Hilty" in her child support petition.
(o) Even as far back as 1998 when the parties separated briefly, Mother attempted
to alienate Father from Sam by having Sam announced as "Sam Deblasis" at his Parents' Day
football game.
(p) Mother had made no indication that she was even considering moving Sam
to Florida during the parties' communications prior to the past week.
(c~ Mother has shown by her word$ and her actions a systematic attempt to
alienate Father from his son.
(r) Mother has shown by her words and her actions a blatant disregard for
Father's rights as a father and her son's best interests in having a relationship with his father.
(s) Father has made phone calls to and sent a-mails to Sam, and Mother has either
kept those communications from Sam or has not encouraged him to communicate with Father.
(t) Mother has referred to Father in a derogatory manner in front of Sam.
(u) Mother has exposed Sam to issues in the divorce in an effort to shed Father
in a poor light and further alienate Father from Sam.
(v) Throughout Sam's childhood and adolescence Mother had Sam sleep with her
in her bed while Father slept in another room despite Father's attempts to have Sam sleep in his own
bed.
8. Each pazent whose parental rights to Sam have not been terminated and the person
who has physical custody of Sam has been named as '.parties to this action. There are no other
persons who aze known to have or claim a right to custody or visitation of Sam.
WHEREFORE, Father respectfully requests Your Honorable Court Order the immediate
return of Sam to this jurisdiction, and grant Father primary physical custody and sole legal custody
of Sam.
Respectfully submitted,
Seen M. Shultz, E3'i~tre
Attorney ID No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
yERIFICATImN
I verify that the statements made in the foregoing Complaint are true and correct to the best
of our knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C. S. Section 4904, relating tQ unsworn falsification to authorities.
B ey .
Exhibit "A"
-------------- Forwarded Message: --------------
From: prdpls@aol.com
To: BradHilty@comcast.net
Date: Wed, 22 Aug 2007 23:14:48 +0000
Brad, If you need to reach Sam or me, you can ca11561,746-7892. You also have my cell phone
if you need to reach us.
Patti
AOL now offers free email to everyone. Find out more about what's free from AOL at
AOL.com.
Exhibit "B"
From: bradhilty@aol.com
Sent: Monday, August 27, 2007 2:45 PM
To: prdpls@aol.com
Subject: Sam's School
Patti,
Please let me know where Sam is going to school immediately. As his father, I have every right to
know. And I will be involved in his educational decisions from now on.
Brad
Email and AIM fmally together. You've gotta check out free AOL Mail!
Exhibit "C"
-------------- Forwarded Message: --------~
From: prdpls@aol.com
To: BradHilty@comcast.net
Subject: Meeting
Date: Thu, 12 Apr 2007 17:04:16 +0000
Hi Brad,
I have been wondering if you would be willing to meet with me to discuss the details of
our Divorce
Settlement. I know you must feel the same way I 'do, about how long this process has
taken. It seems, the
only ones who are happy and getting richer are oux attorneys. I know if we could get this
matter settled, it
Page 2 of 2
would go along way in repairing the relationship between you and Sam. I would like the
two of you to resume
your relationship so all of us can have a amicable relationship.
On another note, I have submitted my taxes, but I have taken Sam out as a deduction. If
you wauld want
to use him as a deduction for the year 2006 you cash. At the present this deduction will
be for 2006 but
when we meet, we can discuss the deduction for 2407.
Let me know if and when you would be available.
Patti ~~
AOL now offers free email to everyone. Find out ore about what's free from AOL at
AOL.com.
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SMIGEL, ANDERSON & SACKS, LLP
Ann V. Levin, Fsquire ID# 70259
4431 North Front Street, 3'~ Flr.
Harrisburg, PA 17110-1778
(717)234-2401
alevin(a~sasllp.com
Attorney for Plaintiff
BRADLEY J. HILTY, IN THE COURT OF COMMON PLEAS
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. CIVIL TERM ~ `~ _ ~~
PATRICIA DEBLASIS,
DEFENDANT :LAW IN -CUSTODY
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR
PRIMARY CUSTODY AND EMERGENCY RELIEF AND
DEFENDANT'S COUNTERCLAIM TO CONFIRM CUSTODY
AND NOW, comes the Defendant, Patricia DeBlasis (hereinafter "Mother"), by and through
her counsel, SMIGEL, ANDERSON & SACKS, LLP, and files this Answer to Plaintiff's Complaint
for Primary Custody and Emergency Relief and in support thereof avers as follows:
1. Denied. Mother is without knowledge as to where Father receives mail.
2. Admitted in part and denied in part. It is admitted that Mother resides at 3 Derbyshire
Drive, Carlisle, Pennsylvania. Mother has not relocated to Florida.
3. Admitted.
(a) Admitted.
(b) Denied. This paragraph is denied to the extent it asserts Mother has relocated.
4. Denied. Mother is without knowledge of Father's residence. Father did not advise
Mother of his change of address. By way of further answer, Mother is unaware who Father resides
with.
5. Admitted.
6. No response required.
7. Denied. It is denied that the best interest and permanent welfare of Sam will be
served best by granting the relief requested by Father.
(a) Denied. It is denied that Father can provide a home that would meet Sam's
needs. By way of further answer, Father has exhibited extremely angry behavior in the presence of
Sam.
(b) Denied. It is denied that Father is or has always been willing to accept
custody of Sam. Father has exercised very little periods of partial physical custody and not seen the
child at all since October 2006. Father also ceased providing financial support in approximately
February 2006, forcing Mother to file for support.
(c) Denied. It is denied that Father continues to exercise parental duties or
responsibility with the love and affection of Sam. By way of further answer, Father is estranged
from the minor child. Father has not had a custodial period with the child since September 2006,
which only lasted one hour.
(d) Admitted.
(e) Admitted in part and denied in part. It is admitted that Mother sent an email
to Father's Comcast account. It is denied that she had consistently corresponded with Father's AOL
email. By way of further answer, Mother recalls Father was phasing out his AOL account.
(f) Denied. Mother is without knowledge as to when Father may have received
email. Mother did retrieve a voicemail from Father late on August 28, 2007.
(g) Admitted in part and denied in part. It is admitted that Mother spoke with
Father early morning on August 29, 2007. Father's verbal abuse of Mother did not allow any
substantial conversation. It is denied that Mother informed Father that she had unilaterally decided
to move Sam to Florida and enroll him in school there. By way of further answer, Mother has not
relocated to Florida. By way further answer, Mother maintains her Pennsylvania residence and
intends to return to Pennsylvania. Mother is receiving job training. Mother has been out of the
workforce for an extended period of time. Upon the completion of Mother's training, Mother and
Sam will return to their residence in Carlisle, Pennsylvania which will be June 2008.
(h) Admitted in part and denied in part. It is admitted that the Father called Sam
at Mother's residence on August 16, 2007. It is admitted that Mother answered the phone. It is
denied that Mother would not bring Sam to the phone. Sam is 15 years old (14 at the time of the
phone call). Mother could not force Sam to take the phone and speak with his father. Sam has no
desire to speak with his father at all as the relationship is estranged.
(i) Admitted.
(j) Denied. It is denied Mother sent an email in which she attempted to
manipulate Father's love and affection for Sam so that she could coerce Father to agreeing to a
divorce settlement advantageous to her. By way of further answer, Mother's email speaks for itself.
Mother's insight into how the pending divorce matter was further straining Father's relationship with
Sam was offered purely as insight. Father's attempt to twist Mother's intent is without basis.
(k) Admitted in part and denied in part. It is admitted that on or about April 17,
2007 the parties met briefly. It is denied that Mother in any way tried to leverage Father's
relationship with his son against divorce settlement terms. By way of further answer, Father is
responsible for the current estrangement from his 15-year old son. Father had only minimal contact
with Sam from the date of the parties' separation in November 2004. His contact post-separation
was consistent with Father's lack of involvement with Sam during the parties' marriage.
(1) Denied.
(m) Admitted. By way of clarification DeBlasis is spelled incorrectly in Father's
averment.
(n) Admitted in part and denied in part. It is admitted that Sam's name has been
hyphenated since pre-school. It is denied that this was ever done to alienate Father. This was the
practice during the marriage.
(o) Denied. It is denied that the parties separated in 1998. It is denied that
Mother tried to alienate Father by having a third party announce the child as Sam DeBlasis. By way
of further answer, Mother recalls the child being announced as Sam DeBlasis-Hilty at a Parent's Day
midget football game for 5-year olds. Father only heard DeBlasis and exhibited an inappropriate
angry reaction publicly.
(p) Admitted. Mother's opportunity arose quickly for job training.
(q) Denied. It is denied that Mother has shown by her words or actions any
attempt to alienate Father from his son. By way of further answer, Father's own lack of involvement
in any physical custodial periods, legal custody decisions, information regarding Sam's well-being
physically, mentally and academically has served to alienate him from his son.
(r) Denied. It is denied that Mother has shown disregard for Father's rights or for
Sam's best interests. Mother is the parent who has raised with Father the issue of working on his
relationship with his son. Father has made no attempts to do so until August 2007.
(s) Denied. It is denied that Mother has kept communications from Father away
from her son or that she has not encouraged him to communicate with his father. Sam is 15-years
old and refuses to engage in any dialogue with his father. Father has known this for an extended
period of time and made no efforts to address the matter. Father also emails Sam directly.
(t) Denied. It is denied that Mother has referred to Father in a derogatory in front
of Sam.
(u) Denied. It is denied that Mother has exposed Sam to issues in the divorce in
an effort to shed Father in a poor light or further alienate Father from the minor child.
(v) Denied. By way of further answer, Father chose to sleep in a separate
bedroom due to back problems and to be in the bedroom near Sam so the he would feel safer.
Further, Sam would sleep in the master bedroom if he was afraid or could not sleep. Mother and
Father were both present on many occasions.
8. Admitted.
WHEREFORE, it is respectfully requested that this Honorable Court deny Plaintiff's
Complaint for Primary Custody and Emergency Relief.
COUNTERCLAIM TO CONFIRM CUSTODY
AND NOW, comes Defendant/Plaintiff, Patricia DeBlasis, by and through her attorneys
SMIGEL, ANDERSON & SACKS, LLP and files this Counterclaim to Confirm Custody and in
support thereof avers as follows:
9. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of
paragraphs 1 through 8 which are incorporated by reference herein.
10. DefendantlPlaintiff in Counterclaim is Patricia DeBlasis, who currently maintains a
residence at 3 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania.
11. Plaintiff/Defendant in Counterclaim is Bradley J. Hilty, who currently resides at
Middletown, Dauphin County, Pennsylvania.
12. Plaintiff seeks custody of Samuel DeBlasis Hilty, who currently resides with
Defendant/Plaintiff in Counterclaim at a temporary address of 6708 Sweet Maple Lane, Boca Raton,
FL 33433. The minor child is 15 years old.
13. The child was not born out of wedlock. The child is presently in the custody of
Defendant/Plaintiff in Counterclaim.
14. During the past five (5) years, the child has resided with the following persons and at
the following addresses:
Persons
Addresses
Dates
Patricia DeBlasis 6708 Sweet Maple Lane, Boca Raton, FL 33433 August 27, 2007-present
(temporary)
Patricia DeBlasis 3 Derbyshire Drive, Carlisle, PA 17013 November 2004- August 27, 2007
Patricia DeBlasis &
Bradley J. Hilty 3 Derbyshire Drive, Carlisle, PA 17013 September 8, 1992-November 2004
15. The mother of the child is Defendant/Plaintiff in Counterclaim. She is separated from
the father of the child, Plaintiff/Defendant in Counterclaim.
16. The relationship of Defendant/Plaintiff in Counterclaim to the child is that of Mother.
Defendant/Plaintiff in Counterclaim currently does not reside with any other person.
17. The relationship of Plaintiff/Defendant in Counterclaim to the child is that of father.
It is unknown who Plaintiff/Defendant in Counterclaim currently resides with.
18. Defendant/Plaintiff in Counterclaim 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.
Defendant/Plaintiff in Counterclaim has no information of a custody proceeding concerning the child
pending in a Court of this Commonwealth. Defendant/Plaintiff in Counterclaim does not know of a
person not a party to the proceedings who has physical custody of the child or who claims to have
custody or visitation rights with respect to the child.
19. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
A. DefendantlPlaintiff in Counterclaim is a fit parent.
B. The child has expressed a preference to be in the custody of
Defendant/Plaintiff in Counterclaim.
C. The child does not see Plaintiff/Defendant in Counterclaim as a source
of love and affection. The child is estranged from Father. Forcing the child to be in
Father's primary care would be harmful to him due to the unresolved estrangement
issues.
D. Father travels and has been out of the country on business during the
year.
E. Placing custody with Defendant/Plaintiff in Counterclaim will provide
continuity, stability and certainty to the child's life.
20. 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.
WHEREFORE, Defendant/Plaintiff in Counterclaim respectfully requests that this
Honorable Court confirm the current custodial arrangement and allow the minor child to remain in
her primary physical custody and the parties sharing legal custody.
SMIGEL, ANDERSON & SACKS, LLP
Date: `~ -- ~~ - ~ ~ By:
Ann .Levin, Esquire I.D.#: 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Defendant/Plaintiff in Counterclaim
VERIFICATION
ANN V. LEVIN, ESQUIRE, hereby states that she is counsel for Patricia DeBlasis,
Defendant/Plaintiff in Counterclaim in this action and verifies that DefendantlPlaintiff in
Counterclaim, Patricia DeBlasis, has represented to the undersigned that the statements made in
the foregoing Motion are true and correct to the best of her knowledge, information and belief.
Defendant/Plaintiff in Counterclaim, Patricia DeBlasis, has authorized the undersigned to sign
this verification on her behalf. Defendant/Plaintiff in Counterclaim, Patricia DeBlasis,
understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date: ~' r~- t7 7
v
inn V. Levin, Esquire
Attorney for Defendant/Plaintiff in Counterclaim
Patricia DeBlasis
Smigel, Anderson & Sacks, LLP
Ann V. Levin, Fsquire ID# 70259
4431 North Front Street, 3'~ Flr.
Harrisburg, PA 17110-1778
(717)234-2401
alevinna s, asllp.com
Attorney for Plaintiff
BRADLEY J. HILTY,
PLAINTIFF
v.
PATRICIA DEBLASIS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL TERM
LAW IN -CUSTODY
CERTIFICATE OF SERVICE
I, Ann V. Levin, Esquire, counsel for DefendantlPlaintiff in Counterclaim in the above
matter, do hereby certify that I served a true and correct copy of Defendant's Answer to Plaintiff s
Complaint for Primary Custody and Emergency Relief and Counterclaim to Confirm Custody on
counsel for Plaintiff/Defendant in Counterclaim by placing same in the U.S. Mail, first class, postage
paid on the ~ day of September, 2007, addressed as follows:
Sean M. Shultz, Esquire
Knight & Associates, P.C.
11 Roadway Drive, Suite B
Carlisle, PA 17013
SMIGEL, AN ERSON & SACKS, LLP
V '
Ey:
Ann V. Levin, Esquire I.D.#: 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Defendant/Plaintiff in Counterclaim
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BRADLEY J. HILTY, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
N0. 07-5381 CIVIL
V.
PATRICIA DEBLASIS,
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, this 12~' day of September, 2007, upon consideration of the
Plaintiffs complaint for primary custody and emergency relief, the Defendant's
answer thereto and Defendant's counterclaim to confirm custody,
IT IS HEREBY ORDERED AND DIRECTED that Plaintiffs request for
Emergency Relief is DENIED.
IT IS FURTHER ORDERED AND DIRECTED that this matter shall be
heard before a custody conciliator on or before September 30, 2007.
By the Court,
~~
M. L. Ebert, Jr., J.
,/Sean Shultz, Esquire
Attorney for Plaintiff
Ann V. Levin, Esquire
Attorney for Defendant ,
bas
~~ricia~e~lasis
t1i#~'dIi'L~SNN~c!
6 i ~b N~ Z 1 d3S
1~'1.ONJi~,iQ'~d
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BRADLEY J. HILTY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
PATRICIA DEBLASIS
DEFENDANT
• Q7-5381 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, September 12, 2007 ,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, Cumberland County Courthouse, Carlisle on Monday, September 24, 2007 at 9:30 AM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Is/ ac ueline M. Verne Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania l 7013
Telephone (717) 249-3166
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BRADLEY J. HILTY,
Plaintiff
VI.
PATRICIA DEBLASIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-5381
IN CUSTODY
ORDER OF COURT
CIVIL ACTION - LA W
AND NOW, this ~1 ~ day of Oc.~ ob cr , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
The prior Order of Court dated September 12, 2007 is hereby vacated.
2. The Father, Bradley J. Hilty and the Mother, Patricia DeBlasis, shall have
shared legal custody of Samuel J. Hilty, born September 8, 1992. 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 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 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 o f any
reports given to them as parents including, but not limited to: medical records, birth
certificates, school or educational 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, children's parties, musical
presentations, back-to-school nights, and the like.
3. Mother shall have primary physical custody of the child.
4. Father shall have periods of partial physical custody as recommended by
the counselor(s).
5. Mother shall obtain individual counseling services for Samuel as soon as
possible in Florida. Both parents shall sign necessary releases so that the child's
counselor may communicate with the family counselor in Pennsylvania and both parents.
The parties shall follow any recommendations of the child's counselor.
6. All parties shall cooperate with family counseling/family reunification
services with Anthea Stebbins. All parties shall sign necessary releases so that the family
counselor may discuss the situation with the child's counselor and all other parties. The
parties shall follow any recommendations of the counselor.
7. Mother shall make the child available, subject to the counselor's
availability over Christmas break to meet face to face with the Pennsylvania counselor,
and such other times as are requested by the counselor.
8. 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 of this Order shall control. Either
party may contact the conciliator within three months from the date of the Order to
schedule another conciliation conference.
BY THE COURT,
~~
M. L. Ebert, J.
cc: Sean Shultz, Esquire, Counsel for Father
Ann V. Levin, Esquire, Counsel for Mother
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BRADLEY J. HILTY,
Plaintiff
V.
PATRICIA DEBLASIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-5381 CIVIL ACTION -LAW
IN CUSTODY
PRIOR JUDGE: M. L. Ebert, Jr., J.
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 DATE OF BIRTH CURRENTLY IN CUSTODY OF
Samuel J. Hilty September 8, 1992 Mother
2. A Conciliation Conference was held in this matter on October 16, 2007,
with the following in attendance: The Father, Bradley J. Hilty, with his counsel, Sean
Shultz, Esquire, and the Mother's counsel, Ann V. Levin, Esquire. Mother, Patricia
DeBlasis was available by telephone.
3. A prior Order of Court dated September 12, 2007 was entered by the
Honorable M.L. Ebert, Jr., denying Father's Petition for Emergency Relief.
4. Mother has temporarily relocated to Florida to seek specialized
educational services. She intends to return to Cumberland County in June, 2008.
5. The parties agreed to an Order in the form as attached.
Date acqu ine M. Verney, Esquire
Custody Conciliator
BRADLEY J. HILTY, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.07-5381 CIVIL
v.
CIVIL ACTION - AT LAW
PATRICIA DEBLASIS,
CUSTODY
Defendant
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Sean M. Shultz and Knight & Associates, P.C. on
behalf of Plaintiff in the above-captioned matter.
Dated: December ~ , 2007
KNIGHT & ASSOCIATES,
Sean M. Shultz - /
Attorney I.D. No.
11 Roadway Drive, Suite B
Carlisle, PA 17015
(717) 249-5373
ENTRY OF APPEARANCE
Please enter my appearance on behalf of Plaintiff, Bradley J. Hilty, in the above matter.
McNEES WALIACE &,Pdt7htlCK LLC
Attorney I.D o. 78
100 Pine
P.O. Box 1166
Harrisburg, PA 17108
(717) 237-5297
Dated: December , 2007
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JAN 2 8 2008
BRADLEY J. HILTY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. : N0.2007-5381 CIVIL ACTION -LAW
PATRICIA DEBLASIS,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 28~' day of January, 2008, neither party having contacted the
Conciliator to schedule another conference and more than ninety days have passed since
the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter.
FOR THE COURT,
~1. U
acq line M. Verney, Esquire, Cust y conciliator
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SMIGEL, ANDERSON & SACKS, L.LP
Ann V. Levin, Esquire ID# 70259
4431 North Front Street, 3'" Flr.
Harrisburg, PA 17110-1778
(717)234-2401
alevin;c7r sasllo.com
Attorney for Plaintiff
BRADLEY J. HILTY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
PATRICIA DEBLASIS,
DEFENDANT
NO. CIVIL TERM
LAW IN -CUSTODY
CUSTODY STIPULATION
AND NOW, this p~~day of October, 2008, the parties hereto, with their counsel enter into a
Stipulation for Custody as follows:
1. The prior Order of Court dated October 17, 2007 is hereby vacated.
2. Mother and Father shall have shazed legal custody of the subject child. Each parent shall
have an equal right, to be exercised jointly with the other pazent, 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. Each pazent 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 the other parent. To the extent one parent has possession of any such records or
other 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
pazent. Both pazents shall be entitled to frill participation in all educational and medicaUtreatment
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 attendance records or report cazds. Additionally, each parent shall be entitled to receive
copies of any notices which come from school with regazd to school pictures, extracurriculaz activities,
children's parties, musical presentations, back-to-school nights, and the like.
3. Mother shall have primary physical custody of the child and may relocate with the child
to Florida. Father shall have periods of partial physical custody as agreed by the parties. Mother shall
encourage Father's attempts to reunite with the child.
4. This Stipulation shall be entered as an Order of Court.
Bradley J
Patricia DeBlasis
MCNEES, WALLACE & NURICK
Deb .Canto , s ' e
Attorney for Plaintiff
SMIGE ,ANDERSON & CKS, LLP
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Ann .Levin, Esquire
Attorney for Defendant
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SMIGEL, ANDERSON & SACKS, LLP
Ann V. Levin, Esquire IDN 70259
4431 North Front Street, 3'd Flr.
Harrisburg, PA 17110-1778
(717)234-2401
alevin~sasllp.com
Attorney for Plaintiff
BRADLEY J. HILTY,
PLAINTIFF
v.
PATRICIA DEBLASIS,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL TERM D?- ~38~
LAW IN -CUSTODY
ORDER
f~
AND NOW, this ~J day of (~ b U P-y' , 2008, upon the stipulation of the
parties it is hereby ORDERED and DECREED that the terms and conditions and provisions of the
attached custody stipulation executed by the parties and dated ~CaF • ~.3 , 2008 are adopted as
an Order of Court as if set forth herein at length.
BY THE COURT,
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