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HomeMy WebLinkAbout08-4618LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, John Lee Mitchell, Jr. JOHN LEE MITCHELL, JR. Plaintiff vs. ONYA L. CEDENO Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -&. o r- yG /F Cct-,.j -7 ,N- : CIVIL ACTION -LAW : CUSTODY COMPLAINT FOR SHARED LEGAL AND SHARED PHYSICAL CUSTODY AND NOW this day o , 2008, comes the Plaintiff, John Lee Mitchell, Jr., by his A orney, iane M. Dils, Esquire, as respectfully avers the following: 1. The Plaintiff is John Lee Mitchell, Jr., is an adult individual, currently residing at 732 S. 27t' Street, Harrisburg, Dauphin County, Pennsylvania 17110. 1 2. The Defendant, Onya L. Cedeno, is an adult individual who currently resides at 530 West Cumberland Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant are not married; however, they are the natural parents of one child born out of wedlock; namely: Geron Cedeno, born November 21, 2006 in Harrisburg, Pennsylvania. 4. The Plaintiff and Defended resided together until April 2008. 5. Since April 2008, the Plaintiff, John Lee Mitchell, Jr., has been denied substantial time with his son. 6. The Defendant, Onya L. Cedeno, permits custodial periods between Plaintiff and the minor child as she sees fit. 7. Plaintiff, John Lee Mitchell, Jr., has been a hands on father since the birth of his son. 8. Plaintiff, John Lee Mitchell, Jr., has one other child age four years old, whom he sees on a regular basis. 9. The Plaintiff works very close to the daycare center of the minor child, where the Defendant is also employed. 2 10. Plaintiff believes that it is in the best interest of his son that he be granted shared physical custody on a week on/week off basis. 11. Plaintiff hereby avers that he will continue to utilize the daycare center where the Defendant is employed and the Defendant will see the minor child every day during father's week, Monday through Friday, with the exception of the weekend. 12. Plaintiff believes that it is in the child's best interest that he is granted shared legal custody for the purposes of decision making regarding the minor child. 13. Plaintiff also respectfully requests that an Order be entered alternating the holidays, sharing Christmas, Mother's Day with mother and Father's day with father. 14. The minor child has resided in Cumberland County, Pennsylvania for a period of at least six (6) months prior to this filing. 15. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 3 16. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth or any other state. 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. WHEREFORE, Plaintiff, John Lee Mitchell, Jr., respectfully prays your Honorable Court to grant him shared legal and physical custody of his minor son, Geron Cedeno. Respectfully submi Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 S' Date. ?"2 "S' 4 VERIFICATION COMPLAINT FOR SHARED LEGAL AND I verify that the statements made in this SHARED PHYSICAL CUSTODY 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 authorities. LEE MITCHELL, Date: 7/24/08 t 1 ...ivv7 a , D - - JOHN LEE MITCHELL, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ONYA L. CEDENO DEFENDANT 2008-4618 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 05, 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. G- lro 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 rvw MNbAIASNN3d AiNnoo- ZO .C did L- 9AV NZ kNiGNOriiow 3a ?o 3011-HO-03114 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, John Lee Mitchell, Jr. JOHN LEE MITCHELL, JR., Plaintiff vs. ONYA L. CEDENO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4618 CIVIL ACTION LAW IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW this _t!;?y of December, 2008, comes the above named parties, John Lee Mitchell, Jr. and Onya L. Cedeno and intending to be legally bound do hereby agree as follows: 1. The parties shall share legal custody of their son, Geron Cedeno, born November 21, 2006. 2. Primary physical custody shall be in mother Onya L. Cedeno. 3. Partial physical custody shall be in father, John Lee Mitchell, Jr., as follows: a. Every other weekend from Friday until Sunday with the specific times to be mutually agreed upon; b. At least one overnight per week with the specific day and time to be agreed upon. 4. Mother and Father shall split all holidays with the exact times to be mutually agreed upon by the parties. 5. The parties agree that they shall mutually continue with regular contact between Father and the minor child as they have been doing for the last six months. 6. The parties agree that this Stipulation shall be made a Court Order and that they do not desire to attend the Conciliation Conference scheduled for Friday, December 19, 2008. 7. The parties acknowledge that this Stipulation and Agreement is general and limited and understand that they may modify these provisions by agreement; however, if there cannot be an agreement the parties acknowledge that they must comply with the terms herein. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. Witness Witness i,cv 1VI Allull, J t . co DEO LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, John Lee Mitchell, Jr. JOHN LEE MITCHELL, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-4618 CIVIL ACTION LAW ONYA L. CEDENO, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ;7 day of 2008, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made an Order of Court. BY THE/CO Judge Distribution: y/ Diane M. Dils, Esquire, 1400 North Second Street, Harrisburg PA 17102 (717) 233-8743 didils(i4verizon.net f Onya L. Cedeno, 530 West Cumberland Road, Enola, PA 17025 ??? fog «.? oP? 51- F-? a Pr ?Y_ Ile) f\; CD t i JOHN LEE MITCHELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ONYA L. CEDENO, NO. 2008-4618 Defendant IN CUSTODY ORDER AND NOW, this r day of December, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilro, Custody Concil} DEC 3 ; ,Z6 JOHN LEE MITCHELL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW ONYA L. CEDENO, NO. 2008-4618 Defendant IN CUSTODY ORDER Or AND NOW, this ?d day of December, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ?? ; ? r ? --r3 ? ?T y ? ?..: .