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HomeMy WebLinkAbout03-6264JOSEPH M. PNICI Plaintiff SHANNON PENICA Defendant IN THE COURT OF COMMON PLF..AS CV~r.m..,~vv COUNt, PrNNSYr VnN~ NO.: 02. C. ~.,t.c[ CIVIL ACTION: LAW IN CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: COMPLAINT FOR CUSTODY 1. The Plaintiff is Joseph M. Pinci, residing at lo5 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania, ~?o55. e. The Defendant is Shannon Penica, residing at 308 Candlelight Drive, Camp Hill, Cumberland County, Pennsylvania, 3. Plaintiff seeks visitation of the following children: Name: Present Residence: Date of Birth: Mia Michela Walter-Pinci 308 Candlelight Drive, Camp Hill, PA 17o~ March 25, ~997 The child was born out of wedlock. The children are presently in the custody of Shannon Penica, Mother/Defendant who resides at 3o8 Candlelight Drive, Camp Hill, Pennsylvania. During the past five (5) years, the child has resided with the following persons at the following addresses: (list all persons, addresses, and dates resided at that residence) Name: Address: Dates: Shannon Penica Harrisburg, Pennsylvania Name: Address: Dates: Shannon Penica Mechanicsburg, Pennsylvania The Mother of the child is Shannon Penica, currently residing at residing at 308 Candlelight Drive, Camp Hill, Pennsylvania, 17o~1. The Father of the child is Joseph M. th'nci, currently residing at ~o5 Fairway Drive, Meehanicsburg, Cumberland County, Pennsylvania, ~7o$5. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: (list names and relationships of all people living with the Plaintiff.) 5. The relationship of the Defendant to the children is that of Mother. The Plaintiff currently resides with the following persons: (list names and relationships of all people living with the Plaintiff.) Jay Penica. husband 6. Plaintiff has not participated as a party of witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: N/A Plaintiff does not know of a person not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: N/A 7. The best interest and permanent welfare of the child will be served by granting the relief requested because it would be in the best interest and permanent welfare of the children. 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 as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: (Name, Address, Basis of Claim): N/A WHEREFORE, Plaintiff requests the court to grant partial custody of the children, Faith Rose lh'nci and Madilyn Noel Pinci.. Respectfully Submitted, Bryn. Walk, Esquire Att6rney for the Defendant J~, ~ith, ~e~ek, & C~nel~ A~o~ey ID 63881 ~34 Sipe Avenue Hummelstown, PA ~7o36 (7~7) 533-3~8o JOSEPH M. PNICI Plalnt(ff SHANNON PENICA Defendant IN THE COURT OF COMMON PI. FAS CUMBERL4ND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION: LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the ] day of ~'~..~b,~,'-- 2003, a copy of the Complaint for Custody was served by certified mail, return receipt requested, addressee copy of the Complaint for Custody upon the person named below as the last known address, in accordance with the applicable Rules of Procedure, addressed as follows: Shannon Penica 308 Candlelight Drive Camp Hill, PA 17011 James, Smith, Dietterick, & Connelltl Attorney ID 6388~ 134 Sipe Avenue Hummelstown, PA ~7o36 (7~ 7) 533-3£80 VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct, I understand that false s. tatements herein are made subject to the penalties at 18 Pa.C.S. A., ~;4904 relating to Unsworn Falsification to Authorities. JOSEPH M. PNICI PLAINTIFF V. SHANNON PENICA DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-6264 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COIJRT AND NOW, Tuesday, December 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. _, the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 13, 2004 at 11:30 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 tbe issues to be heard by the court, and to enter into a temporary order. All children age five or older ma;/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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR TItE COURT, By: /si Melissa P. Greevy,~Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT }lAVE 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) 249-3 166 JOSEPH M. PiNCI, Plaintiff SHANNON PENICA, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6264 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OFCOURT AND NOW, this ~ day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le.qal Custody. The parties, Joseph M. Pinci and Shannon Penica, shall have shared legal custody of the minor child, Mia Michela Walter-Pinci, born March 25, 1997. Each parent shaft 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 her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or schoOl records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have physical custody subject to Father's right of partial custody which shall be arranged as follows: A. Effective February 28, 2004 and to continue through March 20, 2004, each Saturday from 11:00 a.m. until 3:00 p.m. B. Effective March 27, 2004 and to continue through and including April 24, 2004 on alternating weekends from Saturday at 3:00 p.m. until Sunday at 5:00 p.m. However, on the weekend of April 10, 2004, Father's custodial time shall be from Saturday at 11:00 a.m. until Sunday at 2:00 p.m. for the Easter holiday weekend. C. Commencing May 7, 2004 and continuing thereafter on alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. NO. 03-6264 CIVIL TERM 3. Holidays. The following schedule supercedes the regular schedule: A. In even numbered years, Father will have custody for Easter and Independence Day and Mother will have custody for Memorial Day and Labor Day. In odd numbered years, Mother will have custody for Easter and Independence Day and Father will have custody for Memorial Day and Labor Day. Unless otherwise agreed, the custodial period for these holidays shall be from 10:00 a.m. until 5:00 p.m. B. Thanks,qivin,q. In odd numbered years, Mother will have custody for Thanksgiving from Wednesday preceding Thanksgiving after school until 2:00 p.m. Thanksgiving day and Father will have custody from 2:00 p.m. Thanksgiving day until 8:00 p.m. Thanksgiving day. In even numbered years, Mother will have custody from 2:00 p.m. until 8:00 p.m. Thanksgiving day and Father will have custody from Wednesday preceding Thanksgiving after school until 2:00 p.m. Thanksgiving day. C. Christmas. In even numbered years, Mother will have custody from December ~ at noon until December 25th at noon and Father will have custody from December 25th until December 26th at 6:00 p.m. In odd numbered years, Father will have custody from December 24th at noon until th th December 25 at noon and Mother will have custody from December 25 at noon until December 26th at 6:00 p.m. D. Mother's Day / Father's Day. Mother will have custody for Mother's Day and Father will have custody for Father's Day. Unless otherwise agreed, the custodial period for these holidays shall be from 10:00 a.m. until 5:00 p.m. 4. Transportation. The party receiving custody of the child will provide transportation incident to the custodial exchange. 5. Mother shall not be required to wait more than fifteen (15) minutes for Father's arrival at the custodial exchange time unless Father calls to let her know that he is enroute to pick up the child. If Father is more than fifteen (15) minutes late and has not called, Mother shall be free to make other plans with the child. 6. The parties recognize that the child may experience some adjustment challenges with the introduction of the above documented custodial plan. In the event that this so occurs, Mother will contact Father to discuss how the parties can assist the child in this adjustment. The parties are expected to work cooperatively to ensure the child's frequent and continuing contact with both parents. NO. 03-6264 CIVIL TERM 7. This Order is temporary in nature. If within sixty days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. Dist: BY THE COURT: J= Brian S. Walk, Esquire, P.O. Box 650, Hershey, PA 17033 James A. Miller, Esquire, 2157 Market Street, Camp Hill, PA 17011 JOSEPH M. PINCI, Plaintiff SHANNON PENICA, Defendant MAR 04 ~04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6264 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Mia Michela Walter-Pinci March 25, 1997 Mother 2. A Custody Conciliation Conference was held on February 24, 2004. Present for the conference were: the Father, Joseph M. Pinci, and his counsel, Bryan S. Walk, Esquire; the Mother, Shannon Penica, and her counsel, James A. Miller, Esquire. 3. The parties reached an agreement in the, Jorr~of an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :224994 JOSEPH M. PINCl, Plaintiff V= SHANNON PENICA, De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6264 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OFCOURT AND NOW, this /7-' day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Joseph M. Pinci and Shannon Penica, shall have shared legal custody of the minor child, Mia Michela Walter-Pinci, born March 25, 1997. 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 her health, education and religion. Pursuant to the terms of 23 Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical CustodY. Mother shall have physical' custody subject to Father's right of partial custody which shall be arranged as follows: A. As a makeup weekend for the weel~end of June 18, 2004, Father will have custody June 25, 2004 through June 27, 2004. B. Commencing July 2, 2004 and continuing thereafter on alternating weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m. NO. 03-6264 CIVIL TERM 3. Holidays. The following schedule supercedes the regular schedule: A. In even numbered years, Father will have custody for Easter and Independence Day and Mother will have custody for Memorial Day and Labor Day. in odd numbered years, Mother will have custody for Easter and Independence Day and Father will have custody for Memorial Day and Labor Day. Unless otherwise agreed, the custodial period for these holidays shall be from 10:00 a.m. until 5:00 p.m. B. Thanksqivinq. In odd numbered '.Fears, Mother will have custody for Thanksgiving from Wednesday precading Thanksgiving after school until 2:00 p.m. Thanksgiving day and Father will have custody from 2:00 p.m. Thanksgiving day until 8:00 p.m. Thanksgiving day. In even numbered years, Mother will have custody from :.):00 p.m. until 8:00 p.m. Thanksgiving day and Father will have custody from Wednesday preceding Thanksgiving after school until 2:00 p.m. Thanksgiving day. C. Christmas. In even numbered years, Mother will have custody from Decemb~noon until December 25th at noon and Father will have custody from December 25th until December 26th at 6:00 p.m. In odd numbered years, Father will have custody from December 24~ at noon until December 25th at noon and Mother will have custody from December 25th at noon until December 26th at 6:00 p.m. D. Mother's Day / Father's Day. Mother will have custody for Mother's Day and Father will have custody for Father's Day. Unless otherwise agreed, the custodial period for these holidays shall be from 10:00 a.m. until 5:00 p.m. 4. Transportation. The party receiving custody of the child will provide transportation incident to the custodial exchange. 5. Mother shall not be required to wait more than fifteen (15) minutes for Father's arrival at the custodial exchange time unless Father calls to let her know that he is enroute to pick up the child. If Father is more than fifteen (15) minutes late and has not called, Mother shall be free to make other plans with the child. NO. 03-6264 CIVIL TERM 6. The parties will be responsible to see to ii: that the child is not subject to second hand cigarette smoke whether the child be in a vehicle or in one of the parties' residences. Neither shall the child be left alone in a vehicle outside the line of sight while the parent goes into a bank or store. 7. This Order is temporary in nature. If before r)ecember 31, 2004, an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. Dist: BY THE COURT: Bryan S. Walk, Esquire, 114 West Chocolate Avenue, Hershey, PA 17033 James A. Miller, Esquire, 2157 Market Street, Camp Hill, PA 17011 JOSEPH M. PINCl, Plaintiff SHANNON PENICA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6264 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUN'P! 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 Mia Michela Walter-Pinci DATE OF BIRTH March 25, 1997 CURRENTLY IN THE CUSTODY OF IVlother 2. A Custody Conciliation Conference was held on June 10, 2004 at Mother's request. Present for the conference were: the Father, Joseph M. Pinci, and his counsel, Bryan S. Walk, Esquire; the Mother, Shannon Penica, and her counsel, James A. Miller, Esquire. 3. The parties reached an agreement in t e f~-~'~ an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :230489