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HomeMy WebLinkAbout08-3104Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St. Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELISSA DIEGEL, Plaintiff V. FRANKLIN W. T. DIEGEL, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Melissa Diegel, who currently resides at 457 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Franklin W.T. Diegel, who currently resides at 640 High Street, Lancaster, Lancaster County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff seeks custody of the following children (hereinafter "Children"): a. Trentin M. Diegel, 457 N. Pitt Street, Carlisle; age 6; b. Kairi S. Diegel, 457 N. Pitt Street, Carlisle, age 4; c. Miranda R. Diegel, 457 N. Pitt Street, Carlisle, age 5 months. d. The children were not born out of wedlock. e. The children are currently residing with Plaintiff at 457 N. Pitt Street, Carlisle, Pennsylvania. 5. During the past five years, the children have resided with the following persons and at the following address: a. 457 N. Pitt Street, Carlisle, Pennsylvania with Plaintiff and Defendant from March 2007 to Present b. 66 Elijah Avenue, New Bloomfield, Pennsylvania with Plaintiff and Defendant from date of birth to March 2007. 6. Defendant is the mother of the children. 7. Plaintiff is the father of the children. 8. Plaintiff and Defendant are married to each other. 9. Plaintiff currently resides in the marital home with the Children. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings that have physical custody of the children or claims to have custody or visitation rights with respect to the Children. 13. The best interests and permanent welfare of the Children will be served by granting the relief requested because of the above-stated facts. 14. 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. There are no other persons known to have or claim a right to custody or visitation of the Children. WHEREFORE, Plaintiff requests this Court award sole legal custody and primary physical custody in this matter to plaintiff. Respectfully, ? l p? Date: _? - - By: Andrew H. Shaw, Es uire Sup. Ct. ID No.: 87371 200 S. Spring Garden St., Ste. 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 (facsimile) Attorney for Plaintiff VERIFICATION I, Melissa Diegel, 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. § 4904 relating to unworn falsification to authorities. Date: Melissa Diegel ? Q rig CA F o? l1 N MELISSA DIEGEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANKLIN W. T. DIEGEL 2008-3104 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 22, 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 ---Tuesday, June 24, 2008 at 10:30 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 .Man an r. Es q. 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 no ?? :Z ? ZZ ,???G4Z JUN 8 4 2006 P 6 1 MELISSA DIEGEL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-3104 Civil Term FRANKLIN W. T. DIEGEL, Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this zW (4day of June 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: Legal Custody: a. Melissa Diegel shall enjoy sole legal custody of the minor Children Trentin M. Diegel, born 03/09/2002, Kairi S. Diegel, born 08/28/2004 and Miranda R. Diegel, born 11/23/2007. Melissa Diegel shall have the exclusive right to make all major decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, Melissa Diegel shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records. Mother shall keep Father advised, within reasonable efforts, of any and all issues regarding legal custody. 2. Physical Custody: a. Melissa Diegel shall enjoy primary physical custody of the minor Children Trentin M. Diegel, born 03/09/2002, Kairi S. Diegel, born 08/28/2004 and Miranda R. Diegel, born 11/23/2007. b. Father shall have visits and contact with the subject Children upon mutual agreement of the parties. In the absence of agreement, the parties may petition this Court for a modification of custody. 3. The non-custodial parent shall have reasonable liberal telephone contact with the Children. 4. 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. 5. 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. 6. 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. 7. Father may request an update conciliation conference with the assigned conciliator within two weeks after receipt of this Order. 8. When, or if, Father presents himself to assert custodial rights to his Children, Father shall not be precluded from having the right to Petition this Court to Modify this custody arrangement. Cc:"- drew Shaw, Esq., 200 South Spring Garden, Ste 11, Carlisle, PA 17013 Irohn in W. T. Diegel, 640 High Street, Lancaster, PA 17608 Mangan, Esq. s 8,S m?? ?l? joy BY THE COURT, MELISSA DIEGEL, Plaintiff V. FRANKLIN W. T. DIEGEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3104 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Trentin M. Diegel 03/09/2002 Mother Kairi S. Diegel 08/28/2004 Mother Miranda R. Diegel 11/23/2007 Mother 2. A Conciliation Conference was held on June 24, 2008 with the following individuals in attendance: The Father, Franklin W. T. Diegel did not appear The Mother, Melissa Diegel, with her counsel Andrew Shaw, Esq. 3. Mother's counsel indicates that Father was properly served with the subject custody complaint and Father did not appear for the conference. 4. Mother indicates that Father will soon be deployed in the armed forces for a significant period of time overseas. 5. Mother indicates that Father has had very little and sporadic contact with the subject Children in the past several months. 6. Plaintiff is seeking a custody Order confirming that she has legal and physical custody of the Children. 7. The best interest of the Children would be served by ordering primary physical custody and legal custody to Plaintiff. 8. The Custody Conciliator recommends the entry of an Order in the form as attached. /,/ Date: Jo J. angan, Es 're C to Concili r Nkj' 9z UP Gooz ?1tJ , :IjNi J10