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HomeMy WebLinkAbout08-6769JILLIAN FILI, Plaintiff V. RODNEY W. NACE, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, JILLIAN FILI, and respectfully represents as follows: 1. The Plaintiff is JILLIAN FILI, residing at 200 A Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is RODNEY W. NACE, residing at 1262 Landisburg Road, Landisburg, Perry County, Pennsylvania 17040. 3. The Plaintiff is seeking primary physical custody of the following child: Name Residence Age Noah W. Nace 200 A Marion Avenue 4 years Carlisle, PA 17013 The child was born out of marriage to the Plaintiff and Defendant. The child is presently in the custody of Plaintiff, JILLIAN FILI, who currently resides at 200 A Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013. For the past four (4) years. The child has resided with the following persons and at the following address: (a) From birth through 2005 1262 Landisburg Road Landisburg, PA 17040 With Plaintiff, Defendant and Defendant's mother (Constance Nace) (b) From 2005 through 2006 10 Country Meadows Lane New Bloomfield, PA 17008 With Plaintiff and Defendant (c) From 2006 through 10/2007 85 Cherry Lane Carlisle, PA 17015 With Plaintiff, Plaintiff's mother (Rebecca Weller) (d) From 10/2007 through the present 200 A Marion Avenue Carlisle, PA 17013 With Plaintiff, Plaintiffs mother (Rebecca Weller), and Plaintiff's boyfriend (Brandon Daugherty) The mother of the child is Plaintiff, JILLIAN FILI, residing at 200 A Marion Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2 The father of the child is Defendant, RODNEY W. NACE, residing at 1262 Landisburg Road, Landisburg, Perry County, Pennsylvania 17040. 4. The relationship of Plaintiff, JILLIAN FILI, to the child is that of natural mother. 5. The relationship of Defendant, RODNEY W. NACE, to the child is that of natural father. 6. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. Plaintiff has no information of a custody proceeding concerning the custody of the said child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not 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. 7. The Plaintiff requests that in the best interest of their minor child that Plaintiff have primary physical custody and Defendant subject to periods of partial custody. Defendant has on occasion used the child as a weapon in his disputes with Plaintiff by threatening to withhold him from Plaintiff and refusing to pay Defendant's half of daycare. The minor child is no longer in daycare when in Defendant's care. Plaintiff 's concerns are that she does not know where the minor child is or who is taking care of their minor child when in Defendant's care. Defendant will not divulge this information and refuses to allow Plaintiff to pick up the minor child from wherever 3 said minor child is when in Defendant's care. Prior to these instances, Defendant and the said minor child were living with Defendant's mother and their minor child has a bed to sleep in while at Defendant's mother's house. Plaintiff requires that when their minor child is in Defendant's care that Defendant and their minor child stay at Defendant's mother's house so their minor child has a bed to sleep in. Plaintiff also requests that while Defendant is at work that their minor child be placed back into the daycare where the minor child is while under Plaintiff's care and in the past under Defendant's care. Further, Plaintiff having primary physical custody will allow their minor child to adjust to the schedule before he starts school. 8. Each parent whose parental rights of 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, Plaintiff requests the entry of an Order of Court providing as follows: a. Plaintiff will be agreeable to the verbal agreement that she has with Defendant as long as Defendant agrees to return their minor child back to daycare full time and pay his share $142.00 of the daycare expenses. This is to prevent undue stress upon Plaintiff and their minor child while their minor child is in Defendant's care. Plaintiff and Defendant may pick up said minor child from daycare when it is their agreed upon day as follows, this schedule will continue until said minor child attends school beginning the year 2009; and after that Plaintiff will have primary physical custody and Defendant having alternating weekends. Week One: Monday, Tuesday Plaintiff, Wednesday, Thursday Defendant, Friday, Saturday and Sunday Plaintiff 2. Week Two: Monday, Tuesday Defendant, Wednesday, Thursday Plaintiff, Friday, Saturday and Sunday Defendant. 4 b. The Plaintiff will have primary physical custody and Defendant will have alternating weekends, when their minor child starts school in the year 2009. C. The Christmas holiday would be divided into two 24-hour segments and alternated from year to year. Plaintiff, JILLIAN FILI, would have Segment A (from noon on Christmas Eve through noon on Christmas Day) in even- numbered years and Segment B (from noon on Christmas Day through noon on December 26) in odd-numbered years. Defendant, RODNEY W. NACE's, schedule would be the opposite. Another alternative to this Christmas schedule would be Defendant shall have Christmas Eve from 8:00 a.m. till 10:00 p.m. every year and Plaintiff shall have Christmas Eve from 10:00 p.m. to Christmas Day every year (as verbally agreed by Plaintiff and Defendant). Then there will be no Segment A and B for the Christmas Holiday. d. The parties would alternate the following major holidays: New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving, with the period of custody being from 6:00 p.m. from the evening before the holiday through 8:00 p.m. on the holiday itself. Plaintiff, JILLIAN FILI, would have the New Year's Day, Memorial Day, and Labor Day holidays in even-numbered years, and Defendant, RODNEY W. NACE, would have the Easter, Fourth of July and Thanksgiving holidays in odd-numbered years. Father's birthday with Father and Mother's birthday with Mother. e. Each of the parties would also be entitled to a one full week of uninterrupted custody during the summer for the purpose of a vacation. The week would include the party's already-scheduled alternating weekend and would include the period from 6:00 p.m. on Friday through 6:00 p.m. on the following Friday. A 30-day written notice is required for both Plaintiff and Defendant. The request is first come first serve. Mother's Day will be spent with Plaintiff, JILLIAN FILI, each year, and Father's Day will be spent with Defendant, RODNEY W. NACE, regardless of the regular custody schedule. The period of custody on those days will be from 8:00 a.m. through 6:00 p.m. g. The child's birthdays will be divided between the parties such that each party will have custody of the child on his birthday each year, notwithstanding any other provision hereof. h. In the event that either party requires a babysitter for their minor child while they are in that party's custody for any period of four (4) hours or more, the other party shall be given the first right to have additional 5 custody of the child for that period. As much advance notice as possible must be given by the parties of these opportunities. All holiday and vacation custody would supersede the regular scheduled custody. Respectfully submitted, DATED: JILLIAN FILI, Pro se C VERIFICATION I verify that the statements made in the foregoing Complaint for 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. DATED: JILLIAN FILI, Plaintiff/Pro se t7 n Cr A ll m _ z ?? JILLIAN FILI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RODNEY W. NACE DEFENDANT 2008-6769 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, November 21, 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 Monday, December 22, 2008 at 11:00 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/ john .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 1 {{i y r'}IzI't Zo e f(?j JILLIAN FILI, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6769-CIVIL RODNEY W. NACE, IN CUSTODY Defendant AFFIDAVIT OF SERVICE I, JILIAN FILI, do hereby certify that on November 17, 2008, 1 did serve on Defendant, RODNEY W. NACE, a certified copy of the Custody Complaint and Order Of Court, filed in the above-captioned matter on November 14, 2008, by personally handing it to Defendant, RODNEY W. NACE, at 5:00 o'clock p.m. at the BP, 5282 Spring Road, Shermansdale, Pennsylvania, 17090. JILLIAN FILI, Pro se 4?f 'ice'-.: .. 40 JILLIAN FILI, Plaintiff V. RODNEY W. NACE, Defendant NEC 2 3 Z`bd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6769 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this - 1:?M- day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Rodney W. Nace, and the Mother, Jillian Fili, shall have shared legal custody of Noah W. Nace, born 09/30/2004. 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 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 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 share physical custody of the Child pursuant to a repeating two week cycle as follows: a. Commencing 12/22/08, in week one, Father shall have physical custody of Noah Monday from after day care until Wednesday afternoon. Mother shall have physical custody of the Child from Wednesday, picking the Child up at the BP in Sherman's Dale around 5:00 pm until Friday morning dropping the Child off at day care. Father shall then have physical custody from Friday after work until Monday afternoon. b. In week two, Mother shall have physical custody Monday picking the Child up at the BP in Sherman's Dale around 5:00 pm until Wednesday morning dropping the Child off at day care. Father shall have physical custody of Noah from Wednesday after day care until Friday afternoon. On this Friday, if the Child is being cared for by immediate family relatives, Mother shall pick up the Child at 5:00 at the BP in Sherman's Dale. If the Child is being cared for by a non-family member; i.e. a babysitter, Mother shall pick the Child up when she gets off of work around 1:00 pm. The parents shall communicate where Noah is being cared for and by whom on this Friday. Mother shall then have physical custody from Friday until Monday morning dropping the Child off at day care. 3. The parties shall mutually arrange transportation for the Child. Under such circumstances that either parent moves, the parents have agreed to establish a half-way point location for the exchanges. In the absence of agreement, the non-custodial parent shall provide the transportation of the Child either from school/day care or the other parent's residence. .?,_ ,or 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule shall supersede the regular physical custody schedule. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 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 this vacation time by mutual agreement. 7. 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. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 10. Both parents are directed to us appropriate child restraints in the appropriate seat position at all times when transporting the Child. 11. 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 cone terms of this Order shall control. By) fie Court, Dis 'bution: ;KnLothy Atherton, Esquire, 220 Market Street, Newport, PA 17074 i ili, 200 A Marion Avenue, Carlisle, PA 17013 J. Mangan, Esquire ? J. ' a { 7 HOLIDAYS AND ITWS EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 St Half From 9 am until 3 m Father Mother Easter Da 2" Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1" From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Da Thanksgiving P From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Da Christmas 1St Half On 12/24, 8:00 am until 10:00 pm Father Father and on 12/25 from 2:00 pm until 8:00 m Christmas 2 Half From 10:00 pm 12/24 until 2:00 pm Mother Mother 12/25 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father do- JILLIAN FILI, Plaintiff V. : RODNEY W. NACE, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6769 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 Noah W. Nace 09/30/2004 Shared Mother/Father 2. A Conciliation Conference was held with regard to this matter on December 22, 2008 with the following individuals in attendance: The Mother, Jillian Fili, pro se The Father, Rodney Nace, with his counsel, Timothy Atherton, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J.