The URL can be used to link to this page

Home My WebLink About04-1781 GAY DEITCH Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. Ot.J ~ /Tif I v. BARRY DEITCH, Defendant : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Gay Deitch, by and through her attorney, Mark A, Mateya, and respectfully represents: 1, The Plaintiff is Gay Deitch, who resides at 101 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania, 17266, 2, The Defendant is Barry Deitch, presently residing at 1135 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 3, Plaintiff seeks custody of the following children: Name Present Residence Age D/O/B Heather Lyon Deitch 101 East Main Street Walnut Bottom, P A 17266 12 Yrs, 5/19/91 Barry Lee Deitch, Jr. 101 East Main Street Walnut Bottom, P A 17266 10Yrs, 8/24/93 4, The children were born in wedlock. 5. The children are presently in the custody of Gay Deitch, who presently resides at 101 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266. 6, During the past five (5) years the children have resided with the following persons at the following addresses: a. With Plaintiff, Gay Deitch and Defendant, Barry Deitch, at 87 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324 from December I, 1990 to 1997. b, With Plaintiff, Gay Deitch and Defendant, Barry Deitch at 101 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17241 from April 1997 until June 1, 1998. c, With Plaintiff, Gay Deitch at 101 East Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266 from June 1, 1998 to the present. 7, The mother ofthe children, Gay Deitch, is currently residing at 10 I East Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266, and she is married, 8. The father of the children, is Barry Deitch, who is currently residing at 1135 Centerville Road, Newville, Cumberland County, Pennsylvania 17241 and he is married, 9, The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with her friend, Tom Burnhisel. 10, The relationship of the Defendant to the children is that of natural father. The defendant currently resides with his mother, Mildred Deitch. II, The Plaintiffhas not participated as a party or witness, or in another capacity in other litigation concerning the custody of the children in this or any other Court. 12. Plaintiffhas no information of a custody proceeding concerning the children pending in any Court ofthis Commonwealth or any other state, 13, Plaintiff does not know of a person not a party to the proceeding who has physical custody ofthe children or claims to have custody or visitation rights with respect to the children. - 2 - 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the natural mother of the children; b, Plaintiffhas been involved in the raising of the children from the time ofthe children's birth to the present; c. Plaintiff is able to provide a stable home for the children. d. Plaintiffis fully employed and able to provide economically for the children. e. Defendant has a drug dependency problem. f. Defendant has in the past left the Commonwealth of Pennsylvania for several months in order to avoid potential incarceration for failure to pay child support. g, Defendant has previously compromised the children's safety when in his custody, h, Defendant has threatened to take the children from their school without the consent ofthe Plaintiff, - 3 - WHEREFORE, Plaintiff requests this Honorable Court to grant legal and physical custody of the children to Plaintiff. Respectfully submitted, ~~Ct - k~ Mark A. Matey~-O Attorney I.D, No. 78931 P,O, Box 127 Boiling Springs P A 17007 (717) 241-6500 Attorney for Plaintiff Dated: ~ {--z_-z I 04 - 4- VERIFICATION I, GAY DEITCH, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C,S. 94904, relating to unsworn falsification to authorities. ~~~ DATED: LJ-?1J-ot.j - 5 - ~ R 8 "" ~ <= 0 "'" "T\ ..r:- ;:R{iJ ,.. ~:D zIT' .." J ;!1 ::>:> r- - t;'tc N ~~ ~. ~ ~';' w ~cj e>9 ~(':. ,... "{-:; :x V ~ ~I :$-e '-F! 15m ~ ---.. Z --..J C ~ r ~ -< ~ L.1'\ (.r<. <./" <::. C:o GAY DEITCH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 04-1781 CIVIL ACTION LAW BARRY DEITCH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 27, 2004 , the conciliator, at 8:30 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. All children age five or older may 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 all existin~: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Huhert X. Gilroy, Esq. Custody Conciliallor mhc 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 ATIURNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEJ.OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~'fr' --- ~ ~ .~;e. ~~'~ ~ ~r?-~~'n h~. 6f. 5' r/Jr/'- 6/.5' /d? 171. .s- ~ '\-II('~,t;t.r=1A \j!1'~";11\ ~i\')\'" ~.::'~'^ln.8 lri"" (", ": ~:~ iiI i )J.I'" :1).) ZS:2 'Ad s- IWI~,OOl 10' '3 :JqJ.:10 rli'11m:OH ~ dG~3{.:l" . . :~"'lLql 1- .\ :;h_'1_-.... v c JUN 0 3 200F GAY DEITCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BARRY DEITCH, Defendant NO. 2004 - 1781 IN CUSTODY COURT ORDER AND NOW, this -, I- day of June, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Gay Deitch, and the father, Barry Deitch, shall enjoy shared legal custody of Heather Lynn Deitch, born May 19, 1991 and Barry Lee Deitch, Jr., born August 24, 1993. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Pending further order of this Court, father's temporary custody with the minor children shall be subject to the provision that father's mother shall be present during the times father has custody and that custody on overnight times shall be exercised at the mother's home. b. Father shall also have temporary custody at such other times as agreed upon by the parties. 4. Legal counsel for the parties shall conduct a second custody conciliation conference via telephone call with the Conciliator on Thursday, September 2, 2004 at 8:30 a.m. The Conciliator will initiate the conference call. At this conference, the custodial arrangement shall be reviewed to determine if there is still a need for the supervised visitation requirement as set forth above. In the event there are any problems with the custody situation prior to cc: September, legal counsel for the parties may contact the Conciliator directly to expedite the scheduling of this conference. 5. Father's periods of temporary custody with the minor children shall commence on an alternating weekend basis on Friday, June 4,2004. Mark A. Mateya, Esquire Harold S. Irwin, III, Esquire I " .~ t"o..o9 ~ ~ 2~~!i ': '; ~ ", j' c JUN 0 3 20047 GAY DEITCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BARRY DEITCH, Defendant NO. 2004 - 1781 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: Heather Lynn Deitch, born May 19, 1991 and Barry Lee Deitch, Jr. born August 24, 1993. 2. A Conciliation Conference was held on May 27, 2004, with the following individuals in attendance: The mother, Gay Deitch, with her counsel, Mark A. Mateya, Esquire, and the father, Barry Deitch, with his counsel, Harold Irwin, Esquire. 3. The parties agree to the entry of an order in the form as attached. u (dv/ 0 y DATE q(f-fJ Hubert X. Gilroy, Custody Conciliat r GAY DEITCH Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION-LAW BARRY DEITCH Defendant, : NO. 2004-1781 CIVIL TERM PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Pursuant to Pa. RC,P, 1012, please withdraw my appearance as attorney of record for Defendant Barry Deitch in the above captioned action. Dated: 1011/}; 5'" Please enter the appearance of the Family Law Clinic as attorney ofrecord on behalf of Defendant Barry Deitch in the above captioned action. Respectfully submitted by: c--l~ ,?J{- Linda LeFever Certified Legal Intern 7 ROBE S THOMAS M, PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C) c: ,.< "', r:"':. c::::) c.n n ,j -n c:> .,,;~~ t..n ...., ..... GAY DEITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY BARRY DEITCH, Defendant : NO. 2004-1781 CIVIL TERM PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions to withdraw from further representation of Barry L. Deitch, pursuant to Rule 1.l6(b) (1 ) and (5) of the Pennsylvania Rules of Professional Conduct and Pa.R,C.P. 1012, and in support therefore avers the following: I. On June 7, 2004, The Family Law Clinic filed a Custody Order and Custody Complaint on behalf of Mr. Deitch. 2. On November 15, 2005, The Family Law Clinic filed a Praecipe for Withdrawal ofMr. Deitch's former counsel Hal Irwin, and an Entry of Appearance for the Family Law Clinic. 3. Mr. Deitch subsequently failed to sign and return the Family Law Clinic's Representation Agreement, and has not contacted the Family Law Clinic since November 2005. 4. As there are currently no hearings pending in this matter, withdrawal can be accomplished without any adverse effect to the interests of Mr. Deitch. 5. Pursuant to C.C.R,P, 208.2(d), the concurrence of opposing counsel, Mark A, Mateya has been sought and obtained, WHEREFORE, The Family Law Clinic requests permission to withdraw as counsel for Mr. Deitch in this matter. ,) . . 'cfjt191c~ D TEl ei . O. Hickman Certified Legal Intern ~.a--~ THO ' PLACE ~ ROBERT E, RAINS ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 717/243-2968 GAY L. DEITCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW CUSTODY BARRY L. DEITCH, Defendant : NO. 04 - 1781 CIVIL TERM CERTIFICATE OF SERVICE I, Keith Hickman, Certified Legal Intern, Family Law Clinic, hereby certifY that I am serving a true and correct copy of the Petition for Leave to Withdraw on the following persons by first class United States mail, certified, postage prepaid addressed as follows: Barry L. Deitch, at 1135 Centerville Road, Newville, P A 17241, and counsel for Gay Deitch, Mark A. Mateya, Esq., at P.O. Box 127, Boiling Springs, Pa 17007. Sf7/0e: _ Dae Keith Hic man' Certified Legal Intern 'y/' G (' Anne Mac onald-Fox ~ Supervising Attorney . F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 -- - n -;-'" " \.:: <' f',) c . ; r~',,:: ......;.: (...... .... IRE":::: ---: I IB,{:~A~ ; (i ((lLt ! l_.__=-::c.:::::....:.::-.:-.:.:.=fJ: =;:::...;~....;.:.! ,....., ,. -' 0) GAY DEITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY BARRY DEITCH, Defendant : NO. 2004-1781 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this 29th day of March, 2006, upon consideration of the Petition for Leave to Withdraw filed by the Family Law Clinic: (I) A rule is used upon the Defendant, Barry Deitch, to show cause why the Family Law Clinic should not be granted leave to withdraw as counsel of record; (2) Any party desiring to file an answer to the Petition for Leave to Withdraw must do (u) so within twenty !#J days of service of this Rule to Show Cause; (3) The Petition shall be decided under Pa.R.c.p. No. 206.7; (4) Notice of the entry of this Order shall be provided to all parties by the Family Law Clinic. 2 //// // BYtHECOU T: II ~.../~ r c:IU... CF THE iny, i;!i:;;'~ 3D , ";".1 I '_'. i ~ I . GAY DEITCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN CUSTODY BARRY DEITCH, Defendant : NO. 2004-1781 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE UNDER Pa.R.c.P. No. 206.7 AND NOW, comes petitioner, the Family Law Clinic, and petitions the Court as follows: I. Petitioner, the Family Law Clinic, is counsel of record for the above named Defendant, Barry L. Deitch, 2. Petitioner filed a Petition for Leave to Withdraw in this matter on March 29, 2006. On March 29, 2006, this Court issued an Order of Court - Rule to Show Cause. A copy of the Petition and Rule to Show Cause are attached hereto and incorporated herein by reference as Exhibit "A," 3. The March 29, 2006 Order of Court - Rule to Show Cause permitted Defendant, Barry L. Deitch, to object to the Family Law Clinic's request to withdraw as his counsel by filing an answer to the Petition within twenty (20) days after service of the Order upon him. 4, A true and correct copy of the Petition for Leave to Withdraw was served upon Defendant, Barry L. Deitch, by first class mail, postage prepaid, at his last known address on March 29,2006. A true and correct copy of the Petition was served upon counsel for the Plaintiff on the same date. 5. A true and correct copy of the Order of Court - Rule to Show Cause was served upon Defendant, Barry L. Deitch, by first class mail, postage prepaid, at his last known address on March 29, 2006, A true and correct copy of the Order of Court - Rule to Show Cause was served upon counsel for the Plaintiff on the same date. 6. More than twenty (20) days have passed since the Order of Court - Rule to Show Cause was served upon the Defendant and Plaintiff's counsel, and no response or objection has been filed, 7. Pursuant to C.C.R.P. 208.2(d), the concurrence of opposing counsel, Mark A. Mateya, Esq" has been sought and obtained. WHEREFORE, the Family Law Clinic requests this Court to enter an Order permitting it to withdraw as counsel for Barry L. Deitch in this matter, L/;06/o~ , ( Date Respectful~, ? <::.::::_---- --- - ) ------""- , Hickman Certified Legal Intern It Thomas M, Place Robert E. Rains Anne MacDonald-Fox Lucy Johnston-Walsh William Martin F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 .' - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904, ~7 relating to unswom falsification to authorities. if/2.'C/Ofi> I ~ Date Keith ,Hickman Certified Legal Intern . ,- MAY 0 3 2006; GAY DEITCH, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY BARRY DEITCH, Defendant : NO, 2004-1781 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of ~ 2006, upon consideration of the attached Petition to Make Rule Absolute filed by the Family Law Clinic, it is hereby ordered and directed that the Family Law Clinic is permitted to withdraw as counsel for the Plaintiff, J, CC: ~ilY Law Clinic 45 North Pitt Street Carlisle, P A 17013 ..4k Mateya, Esq, (Counsel for Petitioner) 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 ~ Bridget M. Clark, Plaintiff ~: F!L[[}~C'(nCE OF THE P;:~,:.>~i:c}:<r,.TfJiY ZO::SlliW -If ~'1" 8" I,? r'd . >,,,", C,,,. ',)1..:..,