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HomeMy WebLinkAbout08-1148JENNIFER L. NIERATKO, Plaintiff V. KEITH S. NIERATKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Qom- lIq? cry,' (fcr.w CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jennifer L. Nieratko, who currently resides at 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Keith S. Nieratko, who currently resides at 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Selah Ulani Nieratko Date of Birth: February 15, 2006 Address: 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013 4. The child was born during wedlock. 5. The child is presently in the custody of both parents, who resides at 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Keith S. Nieratko and Jennifer L. Nieratko 1124 Phesant Drive North Birth to present Carlisle, PA 17013 7. The mother of the child is Jennifer L. Nieratko, who resides at 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 8. Mother of the child, Jennifer L. Nieratko, is married. 9. The father of the child is Keith S. Nieratko, who currently resides at, 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Keith S. Nieratko, is married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: a. Keith S. Nieratko and Selah Ulani Nieratko 14. The Defendant currently resides with the following persons: a. Jennifer L. Nieratko and Selah Ulani Nieratko 15. The 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 any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor child since her birth. Plaintiff has: 1• Planned and prepared meals; u. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; Vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Plaintiff C. Plaintiff is able to provide a stable environment for the child. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. [THEREFORE, the Plaintiff requests that this Court grant primary physical custody of the child to the Mother with periods of partial physical custody to Father. DATE -Q kg I u g Respectfully submitted, ABOM&KUTULA"S, L.L.P. Ik tM . VV% A-, 6h Michelle L. Somm , squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorny for Plaintor I, JENNIFER L. NIERATKO, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 41We7N'IER ?ATKO AND NOW, this 21 ` day of February 2008, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Certified Mail, Restricted Delivery, addressed to the following: Keith S. Nieratko 1124 Pheasant Drive North Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. Sommer, quire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint 1 r7 l R OM & LITULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JENNIFER L. NIERATKO, Plaintiff V. KEITH S. NIERATKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1147 - IN DIVORCE NO. 08-1148 - IN CUSTODY CIVIL ACTION - LAW I, Michelle L. Sommer, hereby certify that I did serve a true and correct copy of the Divorce Complaint under Section 3301(c) and (d) of the Divorce Code; as well as, a true and correct copy of the Custody Complaint by depositing, or causing to be deposited in the U.S. mail, certified mail, restricted delivery, postage prepaid, on Keith Nieratko, at Carlisle, Pennsylvania, addressed as follows: Keith S. Nieratko 1124 Pheasant Drive North Carlisle, PA 17013 Return card acknowledging receipt on February 25, 2008, is attached as Exhibit "A". e-qu Date: 0 rioa ABOM & KuTuLAKis, L.L.P. Michelle L. Somme , squire Supreme Court No.: 93034 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff M • OWnplete Items 1, 2, and 3. Also complete I m 4 if Restricted Delivery is desired. • Print youFname arid-address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece,. or on the front if space permits. 1. Article Addressed to: /Vlcra4 k6 Chi °S (,t ?A (7013 A X 7?-, B. Rpgeived by ? Agent C. We of D. Is delivery address different from item 19 ? Yes . If YEs, enter delivery address below: ? No 3. Service Type ?ertified Mail 0 Express Mall ? Registered O Return Receipt for merchandise ? insured mail O C.O.D. 4. Restricted Delivery9 Oft Fee) des 2. Article Number 7005 2570 0000 3804 3859 (Transfer from service hi_ P8 Form 3811, Fsbnwry tow Domnsc ROM ReoMpt toaiasea ?ii>?o ;. EXHIBIT "A" c7 t? ?? t. r '>. ' ^ \.1 I 1 ? ,- n , • ?. r ? w, ? ? ?._ ? ` , :°? te.> r "- JENNIFER L. NIERATKO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH S. NIERATKO DEFENDANT 2008-1148 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at__,__ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 27, 2008 _ 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn , Mangan, r. 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 17013 Telephone (717) 249-3166 P/ --tp- * T1tia5 -f_l. ? APR 14 20080 JENNIFER L. NIERATKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1148 CIVIL ACTION LAW KEITH S. NIERATKO, IN CUSTODY Defendant ORDER OF COURT AND NOW this ? day of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Keith Nieratko, and the Mother, Jennifer Nieratko, shall have shared legal custody of Selah U. Nieratko, born 02/15/2006. The parties shall have an equal right 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 and Father shall have shared physical custody of the Child as follows: a. Commencing April 14, 2008, Mother shall have physical custody of the Child from Monday after day care until Wednesday whereby she shall drop the Child off at day care. On Wednesday April 16, Father shall pick the Child up at day care and have physical custody until Friday whereby he shall drop the Child off at day care. Mother shall pick the Child up at day care on Friday and have physical custody of the Child until Monday morning dropping the Child off at day care. Father then shall have physical custody of the Child from Monday after day care until Wednesday whereby he shall drop the Child off at day care. On Wednesday, Mother shall pick the Child up at day care and have physical custody until Friday whereby she shall drop the Child off at day care. Father shall pick the Child up at day care on Friday and have physical custody of the Child until Monday morning dropping the Child off at day care. (A 2/2/3 schedule). This schedule shall continue to be repeated in subsequent weeks absent mutual agreement or further Order of Court. 3. The custodial parent shall ensure that the Child goes to bed at an appropriate time during custodial periods. 4. Holidays: The parties shall address a holiday schedule at the scheduled updated conciliation conference absent mutual agreement. 5. The non-custodial parent shall have telephone contact with the Child at 6:30 pm every evening. 2? 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Counseling: The parties are directed to engage in co-parenting counseling with a mutually- agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 11. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 12. 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. 13. A status update conciliation conference is hereby scheduled for May 09, 2008 at 1:00 pm. J. Distribution: Aane Adams, Esq. ?Michelle Sommer, Esq. ,4ohn J. Mangan, Esq. 06 ICS' M111 t£cL 4//i `?? Pi <;, 10 :11 HV 91 ?dY 80OZ Advioitii_; ;_i_ = rNl. JENNIFER L. NIERATKO, Plaintiff V. KEITH S. NIERATKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1148 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Selah Ulani Nieratko 02/15/2006 Mother and Father 2. A Conciliation Conference was held with regard to this matter on April 8, 2008 with the following individuals in attendance: The Mother, Jennifer Nieratko, with her counsel, Michelle Sommer, Esq. The Father, Keith Nieratko, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John . M gan, Esquire Cust dy Conciliator JENNIFER L. NIERATKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH S. NIERATKO, Defendant Prior Judge: Edward E. Guido, J. No. 08-1148 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated April 16, 2008 is hereby VACATED. 2. Legal Custody: The Father, Keith Nieratko, and the Mother, Jennifer Nieratko, shall have shared legal custody of Selah U. Nieratko, born 02/15/2006. The parties shall have an equal right 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. 3. Physical Custody: Mother and Father shall have shared physical custody of the Child as follows: a. Commencing May 14, 2008, Father shall have physical custody of the Child from Wednesday after day care until Monday morning May 19, 2008 whereby he shall drop the Child off at day care. b. On Monday May 19, 2008, Mother shall pick the Child up at day care and have physical custody until Wednesday May 21, 2008 morning whereby she shall drop the Child off at day care. C. Father shall pick the Child up at day care on Wednesday May 21, 2008 and have custody until Friday morning May 23, 2008 dropping the Child off at day care. d. Mother shall pick the Child up at day care on Friday May 23, 2008 and have physical custody of the Child until Wednesday May 28, 2008 dropping the Child off at day care. (Mother always has Monday and Tuesday overnights, Father always has Wednesday and Thursday overnights and the parties alternate Friday, Saturday and Sunday). e. This schedule shall continue to be repeated in subsequent weeks absent mutual agreement or further Order of Court. 4. The custodial parent shall ensure that the Child goes to bed at an appropriate time during custodial periods. 5. Holidays: The parties shall arrange holidays as attached in the absence of mutual agreement otherwise. .1? 6. The non-custodial parent shall have telephone contact with the Child at 6:30 pm every evening. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. g. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. Counseling: The parties are directed counseling, after appropriate payment through agreed upon professional. The cost of said insurance, shall be split equally between the parties. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 12. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. This Order is entered pursuant to a Custody In the absence of mutual consent, the terms of the provisions of this Order by mutual consent. this Order shall control. 13. J. -pistribution: ? Jae Adams, Esq. ?Michelle Sommer, Esq. ?John J. Mangan, Esq. s?a ? 108 HOLIDAYS AND TIMES EVEN YEARS SPECIAL DAYS Father Easter Day il 6 m From 9 am I Memorial Da m From 9 am il 6 Z I Mother Independence Day From 9 am until 6 pm Father Labor Da From 9 am until 6 m Mother Halloween From one hour before trick or Mother treating to one hour after trick or treating Thanksgiving Da From 9 am until 6 pm Mother Christmas 1" Half From 5:30 pm on 12/23 until 2:00 Father m on 12/25 Christmas 2° Half From 2:00 pm on 12/25 until 5:30 on Mother 12/27 New Year's From 6 pm 12/31 until noon January Mother 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 6 pm Mother Father's Da From 9 am until 6 m Father Birthday Whichever parent has physical custody of Selah the day before her birthday shall have from 9 am until 1 pm and the other parent shall have from 1 pm until 5 pm. ODD YEARS Mother Father Mother Father Father Father Mother Father Father Mother Father JENNIFER L. NIERATKO, Plaintiff V. KEITH S. NIERATKO, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1148 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Selah Ulani Nieratko 02/15/2006 Currently in the Custody of Mother and Father 2. A Conciliation Conference was held with regard to this matter on April 8, 2008, and Order issued April 16, 2008 and a status update conference was held May 9, 2008 with the following individuals in attendance: The Mother, Jennifer Nieratko, with her counsel, Michelle Sommer, Esq. The Father, Keith Nieratko, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. r Date J6"Vh J Mangan, Esqui I-L st dy Conciliator JENNIFER L. NIERATKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW KEITH S. NIERATKO, NO. 08-1148 CIVIL TERM Defendant IN CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance previously entered on behalf of the Plaintiff, Jennifer L. Nieratko, in the above captioned case. DATE: Q19.1109 YS-0-04ER, . A MM I nmnn 1 MICHELLE LEsquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Please enter my appearance on behalf of the Plaintiff, Jennifer L. Nieratko, in the above captioned case. DATE: a squire e, E GR IE OCIATES PASS 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 C") n.s C 7) 7- CC) ` ' _ rrn s iW? ..i