HomeMy WebLinkAbout03-05-09 (2)IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: No. 21-08-1163 ~? ° -
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Jordan Bryce Schillawski ~ ~; p ~'_,
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PETITION FOR THE REVOCATION OF GUARDIAN OF MINOR '-~ ~ ~:
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Petitioner, Kristen Schillawski, by her attorneys, the Family Law Clinic, hereby requests
that the Court revoke the November 25, 2008, Decree of Court in the above captioned case,
appointing Cindy Rigg and Mark Houck guardians of Jordan Bryce Schillawski, born Februazy
7, 2001, a true and correct copy of which is attached, Exhibit A. In support of her petition,
Petitioner avers the following:
1. The Petitioner is Kristen Schillawski, the child's mother, residing at 1012 Cadillac
Street, Syracuse, Onondaga County, New York 13208.
2. Richard Schillawski is the child's father, residing at 45 Cayuga Street, Auburn,
Cayuga County, New York 13021.
3. The November 25, 2008 Decree appointing Cindy Rigg and Mark Houck as
guardians of the child vacated the April 1, 2008 Custody Order docketed to 08-1888,
which gave Geri L. Rigg, who has no biological relationship to the child, full physical
custody of the child; a true and correct copy of which is attached of the April 1, 2008
Custody Order docketed to 08-1888, Exhibit B.
4. The Family Court of Cayuga County, New York entered on August 7, 2006 a New
York Custody/Visitation Order docketed to V-00539-06 in Cayuga County, New
York, under which Petitioner and Father share joint legal custody, with Petitioner
having reasonable and liberal visitation with the child, a true and correct copy of
which is attached, Exhibit C.
5. Father moved to Pennsylvania with the child on or about December 2007 without
informing Petitioner of the move.
6. Petitioner received no notice of this Court's Apri12008 Court Order granting Geri L.
Rigg primary custody of the child.
7. Geri L. Rigg and Richard Schillawski did not advise the Cumberland County Court of
the existence of the 2006 New York CustodyNisitation Order docketed to V-00539-
06 in Cayuga County, New York.
8. Cindy Rigg is Geri L. Riggs mother; neither has a biological relationship to the child.
9. Mark Houck, named co-guardian in the November 2008 Decree, has no biological
relationship to the child.
10. Petitioner, the child's mother, has rights to her child under the above mentioned 2006
New York CustodyNisitation Order docketed to V-00539-06 in Cayuga County,
New York.
11. Petitioner's rights to her child have never been terminated.
12. Petitioner did not consent to the appointment of Cindy Rigg and Mark Houck as
guardians.
13. Upon information and belief, the child is residing at the Masonic Children's Home
located at Masonic Village at Elizabethtown, Pennsylvania; the child was placed there
by Cindy Rigg and Mazk Houck.
14. Petitioner is able to provide the child with a stable home and adequate moral,
emotional, and physical surroundings as required to meet the child's needs.
WHEREFORE, Petitioner asks the Court to revoke the Decree appointing Cindy Rigg
and Mark Houck guardians of Jordan Bryce Schillawski.
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Date
Respectfully submitted,
Sarah Rosko
Certified Legal Intern
~r
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LUCY G~STON-WALSH
ROBERT E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013-2899
(717) 243-2968
Fax: (717)243-3639
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true and
correct, to the best of my knowledge, information and belief. I understand making any false
statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities.
Date: ,~~ ~ ~ ~~Y j ~ ~ ,~,,~,_
Kri ten Schillawski, Petitioner
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You aze warned that if you fail to do so, you may
lose rights and visitation of your child.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford St.
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities 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.
PJO,a ~ LUlJfl
IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY', PENNSYLVANNNLA
ORPHANS' COURT DIVISION E
IN RE: ,
Jordan Bryce Schillawski No. "> > ~ ~ - ~ ~ ~` ~
DECREE
NO~r.+° 'S' davof
2008, upon consideration of the
within Yetii~ .., ~i~e ~.,,,.; t vacates the Custody Order docketed to 08-1888 and appoints Cindy Rigg
and Mark Houck as guardians of the person and the estate of the minor child, Jordan Bryce
Schillawski.
Attest:
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION ,,,,
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IN RE: ~ r' ~ -~ -..
Jordan Bryce Schillawski No. ~ ~ . ~ ~' ~ ~ ~ ~~ ~ --~i ~' ~~ --~
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PETITION FOR THE APPOINTMENT OF GUARDIAN OF MINOR uci J ~ '
The Petition of the undersigned respectfully represents:
Petitioners are Cindy Rigg and Mark Houck, adult individuals, currently residing at
598 Mulberry Drive, Mechanicsburg, Pennsylvania.
2. Petitioners aze not related to the minor.
The minor is Jordan Bryce Schillawski (DOB: 02/07/01), 598 Mulberry Drive,
Mechanicsburg, Penmsylvania.
The mother ofthe minor is Kristen Lambert, whose address is unknown. Her consent
is not evidenced by her joinder herein.
5. The father of the minor is Richard A. Schillawski, whose address is unknown. His
consent is not evidenced by his joinder herein.
6. Guardians of the person of the minor aze necessary because of the attached statement
noted as Exhibit "A."
Guazdians of the estate of the minor is not necessary because of the entitlement ofthe
minor to the following property: n/a
8. As guardians of the person of the minor the petitioner proposes:
A. Cindy Rigg who is 51 years of age (DOB 12/28/56), resides at 598 Mulberry
Drive, Mechanicsburg, Pennsylvania and is not related to the minor.
B. Mark Houck who is 53 years of age (DOB 5/8/SSj, resides at 5 J8 Mulberry
Drive, Mechanicsburg, Pennsylvania and is not related to the minor.
C. On or about February 13, 2008, Geri Rigg, daughter ofpetitioner Cindy Rigg
received custody of the minor child when his biological father was incazcerated.
D. At that time, a Custody Stipulation was entered into and agreed between the
biological father and Geri Rigg, docketed to No.: 08-1888 in the Cumberland County Court of
Common Pleas.
E. Geri Rigg has since indicated to her mother that she is unab]e or unwilling to
continue caring for the child.
F. Cindy Rigg and Mazk Houck, her husband, aze willing to act as guardians for
this chid while he resides at the Masonic Children's Home located at Masonic Village at
Elizabethtown. See Exhibit "A" for additional explanation.
9. The religious persuasion of the biological mother of the minor is unknown.
10. The religious persuasion of the biological father of the minor is unknown.
11. As guardians of the estate of the minor, the Petitioners propose: Cindy Rigg and Mazk
Houck, the proposed guazdians have no interest adverse to the minor and are not serving as fiduciary
or surety or officers of employee of a fiduciary or surety in an estate in which the minor has an
interest.
12. The minor is not the child of a veteran and insurance or other gratuity is not payable
to her by the United States Veterans' Administration and notice has not been given to the United
States Veterans' Administration.
WHEREFORE, your Petitioners pray for the appointment of the proposed guardians.
Respectfully submitted,
Julie M. ooper, Esquire
Swom to and subscribed
i
before me this ~ ay
of ~~~~6G(~ ~ , 2008
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Id'otary Pub i
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COMMONWEALTH OF PENNSYLVANIA
NotarWl Seal
Denise A. Zaiec, Ncdary PtrbFc
EGZabetlMOVm BoN, Lerx~ter Cotally
My Ct>rtm'ssion E~ires,luly 7, 2009
Hamper, Penneylvanl~ Aceooktlon of Notaries
Exhibit "A"
The child who is the subject ofthe attached petition for appointment of guardian of Minor,
Jordan Schillawski, had been residing with Cindy Rigg and her husband Mazk Houck since
approximately January of 2008. Until this fall, he was attending elementary school in the
Cumberland County School District. On or about October of 2008, Ms. Rigg and Mr. Houck placed
Jordan at the Masonic Children's Home, located at Masonic Village, Eli:aabethtown, PA.
The whereabouts of the child's biological mother, Kristin Lambert, are unknown.
The whereabouts of the child's biological father, Richard A. Schillawski, are unknown.
In the spring of 2008, Mr. Schillawski entered into a Stipulation in which he agreed that Geri
L. Rigg, the daughter of Cindy Rigg, would have physical custody of Jordan Schillawski and would
be able to make medical treatment, and conduct any necessary business regazding the child's
education or childcare needs. The Court Order indicated that if she is not available, her mother shall
be responsible for medical appointments, school meetings, and drop-off a~ad pick-up from childcare
and other activities. Copies of the Court Order, docketed to No. 08-1888 aze attached hereto. Geri
Rigg has indicated to her mother, Cindy Rigg, that she is no longer willing or able to act in this
capacity for this child. No one has heard from either of the biological pazc;nts for some time. Cindy
Rigg and Mark Houck believe it is in the best interests of this child that he be placed at the Masonic
Children's Home located at Masonic Village, Elizabethtown. The Childn~n's Home is equipped to
care for children with special needs, and Jordan does require academic intf;rvention services. Copies
of the school records are also attached. The program the Children's Home requires each child to have
a guardian appointed and on file, in the event that emergency decision making issues arise. In
addition, a Court Order appointing Cindy Rigg and Mazk Houck as guardians should enable them to
provide health insurance for this child.
Jordan did attend a weekend visit at the Children's Home and enjloyed himself immensely
and has expressed an interest in residing there. Cindy Rigg and Mazk Houck are willing to act as
guardians for this child and to serve as such for any purpose that might be required by the home.
The undersigned counsel hereby requests that under all of these circumstances, the Court
appoint Cindy Rigg and Mark Houck as guardians of Jordan Bryce Schillawski, the minor child.
Respectfully submitted,
Julie .Cooper
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
1N RE:
Jordan Bryce Schillawski fro
ACCEPTANCE OF APPOINTMENT BY GUARDIAN
Cindy Rigg agree to accept appointment as guazdians of the person and the estate of Jordan
Bryce Schillawski and certify that Cindy Rigg is neither executor, administrator, nor trustee of any
estate in which the minor has an interest, not surety for any such fiduciary, and has no interest
adverse to that of the minor whatsoever.
Cindy Rig--- i~-
Sworn to and subscribed )
befrn~e me this ay ~
of 1~0 ,mbpd! _, 2008 )
t
~ll~/N.uJ
h~otary ublic- I~ca~no~y
C°mm~srfln ~xp
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
Jordan Bryce Schillawski No.
ACCEPTANCE OF APPOINTMENT BY GUARDIAN
Mazk Houck agree to accept appointment as guazdians ofthe person and the estate of Jordan
Bryce Schillawski and certify that Mazk Houck is neither executor, administrator, nor trustee ofany
estate in which the minor has an interest, not surety for any such fiduciary, and has no interest
adverse to that of the minor whatsoever.
Mark Houck
Swom to and subscribed
ber"orc me this day
of~p~Jrw- ~,~! , 2008
Nota Public -QrD` ~l-hpnp{-G,n.~
~ommiaS(uww ~X,p
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qs~ is; os qs: as F.~1 ;t. ^s;tar_ n.a. ,rrv. LvIT
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GERI L. RIGG IN THE COURT OF COMMON PLEAS E X N 11( T
CUMBERLAND COUNI'YPENNSYT.VANLA
VS. NO(S): CV CU
CIVIL ACTION-LAW
RICHARD SCHILLAWSKl CUSTODY
ORDER
AND NOW this ~!'~ _ day of ~ ~, , 2008, as per the stipulation, this
Honorable Court hereby grants the PET ION FOR AN AGREED ORDER OF CUSTODY and
hereby grants that:
1. petitioner sha[1 have the right to seek medical and ftitancial assistance in ozder
to care for minor child.
?• petitioner shall have the right to make decisions concerning said Honor child's
education, childcare needs and other activities.
3 , In the event that petitioner is not available, her mother, (:indy L. Rigg shall be
responsible for said minor child's medical appointments, school meetings, and
drop-o$~aud pick-up from child raze and other activities.
4. Medical expenses not coveted by insurance shall be the ,sole responsibility of
the respondent, Richard Schillacvski.
/~~L~at+~a .t~, .TUdge
Distribution:
Shephazdstown Elementsry~chool, 1.8.49 South York Street, Mechanicsbiug, PA 17055 __ _
Geri L. Rigg, 2243 South Mazket Street, Mechanicsburg, PA 17055
Cindy L. Rigg, 598 Mulberry Drive, Mechanicsburg, PA 17050
Medical provider(s)
Daycaze provider(s)
Activity director(s)
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~,,,.,at> ;nrr~ry
GERI L. RIGG,
vs.
RICHARD SCHILLAWSKI
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO(S): CV CU
CIVIL ACTION-LAW
TEMPORARY CUSTODY ACTION
AND NOW, this ~.3 day of F 2008 it is hereby agreed by al] parties that GERI L.
RIGG have full physical custody ofJORDAN BRYCE SCHILLAWSKI. D.O.B 7 February 2001 until such
time that is mutually ageed upon by all parties. THAT, Geri L. Rigg has had physical custody of Jordan Schillawski
since 17 January 2008. By ageeing to these terms Geri L. Riee is able to seek Medical and Financial Assistance in
order to care for Jordan Schillawski. This ageemen[ also enables Geri L. Rice. to seek any necessary medical
treatment, conduct any necessary business concerning Jordan's education, child care needs or other activities and if
she is not available to perform such duties then Cindy L. Ries will be permitted to take Jordan for doctor
appointments, tend to any school meetings, drop off or pick up Jordan from child care or other activities. Any
and all medical bills paid by Geri L. Rigg or not covered by insurance will be the sole responsibility of RICHARD
SCHILLAWSKI. Jordan's biological father to pay the provider or [o reimburse Geri Rigg upon receiving notice of
said expenses.
OZ~ 4~OP
Gen gg ~
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Richard Schillawski
No~/ u ~
DISTRIBUTION:
Shephardstown Elementary School R - -
Medicalprovider(s) MpLyIYi~IJGNOTARY ID 7t1Rli~
Daycaze provider(s) T~~y~p ~.r•niitrv ~: - -,
Activities duector(s) MY.C01/~bSONEXP~FES
BARRY K TROQER, J.D.
551 WEST DRIVE
INARIS!{RG, M 17111
717.566.17J4
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_. _ .~.. _._ __-_.. .. ~ 00.7
GERI L. RTGG ]N THE COURT OF COMMON PLEAS
CUMBERLAND COUI~:TYPENNSYLVANTA
V5. NO(S): CV CU
CIVII, ACTION-LAW ~o ~~_ I`f8'E' cYd ' ~f
RICHARA SCHILLAWSICI CUSTODY
PETITION FOR AGREED CUSTODY ORDER
.AND NOW this 25t° day of March, 20U comes the petitioner, Geri L. Rigg, pro se, and
respectfiilly avers the following:
I. Petitioner is Geri L. Rigg who resides at 2243 South Mazket Street,
Mechanicsburg Pennsylvania 17055.
2. Respondent is Richard Schillawski who resides at an unlm:own address in
Cobleskill, New York.
3. On January 17, 2008, petitioner received custody of Jordan Bryce Schillawski.
D.O.B. February 7, 2001, when respondent was incarcerated.
4. On February 13, 2008, respondent agreed to and signed a Custody Agreement
See Exhibit A.
5. Petitioner shall have the right to seek medical and financial assistance in order to
care for minor child.
6. Petitioner shat[ have the right to make decisions wnceming said minor child's
education, childcare needs and other activities.
7, In the event that petitioner is not available, her mother, Cindy L. Rigg shall be
responsible for said minor child's medical appointments, school meetings, and
drop-off and pick-up from child care and other activities.
8. Medical expenses not covered by insurance shall be the sole responsibility of the
respondent, Richard Schillawski.
As per the stipulation, petitioner respectfully asks this court to grant an order of custody.
Respe /~jp' submitted, ~? c
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Gen . Rig 1? "_ "_; ...
ro se --•
2243 South Market Streets ' rL~
Mechanicsburg, PA 17055- u'
717-829-319.5 - ~
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° '"'"'~ At a Term of the Family Court held
in and for the County of Cayuga, at the
Court House located on Geneses Street,
Auburn, New York on July 17, 2006.
PRESENT: ROBERT A. CONTIGTIGLIA
J[7DTCrnT, HEARING OFFIC$R
RICHARD SCHZLLAWST{I,
Petitioner,
-vs
KRISTEN SCHILLAWSTtI,
Respondent,
CUSTODY/VISITATSON ORDER
Docket No. V-00539-06
File No.: 498
YODR WILFUL FAILURE TO OBEY THIS COTJRT ORDER MAY, T7PON COURT
HEARING, 1tE6T7LT IN YOUR COMMITMENT TO SAIL FOR A TERM NOT TO
EXCEED (6) SIR MONTHS 17'OR CONTEMPT OF COl7RT.
Clpon the petition of Richard Schillawski, sworn to May 10,
2006, for an order of custody regarding the minor child JORDAN
SCHLLLAWSKI, DOB February 7, 2001, and the matter having come on
to be heard with both parties appearing without counsel; and James
A. Leone, Esq. appearing as Law Guardian on behalf of the minor
child and having submitted his recommendations to the Court;
And the Court having made inquiry into the facts and
circumstances of this case and upon the stipulation o£ the
parties with the approval o£ the Law Guardian, it is hereby
ORDERED AND ADJIIDGSD, that the parties will share joint legal
custody of the minor child with Richard Schillawski having primary
physical custody, and it is further
ORDERED At~D ADJTIDGED, that Kristen Schillawski shall have
reasonable and liberal visitation, including visitation on the
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major holidays, to coincide with her work schedule, at such times
as the parties agree, and it is further
ORDERED AND ADJI7DGED, that Richard Schillawski shall not
unreasonably withhold his consent to visitation requested by
Kristen Schillawski, and it is further
ORDERED AND ADJUDGED, that the children will spend Mother's
Day with Kristen Schillawski and Father's Day with Richard
Schillawski regardless of the regular visitation schedule, and it
is Further
ORDERED AND ADJIIDGED, that neither party, or any other third
party, shall make nasty, critical or disparaging comments about
the other party in the presence of the minor child, and it is
further
ORDERED AND ADJL7DGED, that the maternal grandmother, Marsha
Cadran, shall have visitation with the minor child at least once
per month, at such times that she and Richard Schillawski agree.
DATED: ~ 2006
ENTER: ~~/`~ .
'~/~~~~J /d~
ROBERT A. CONTIG IA
JIIDICTAT HF,ARING OFFICER
PDRST7ANT TO SECTION 1113 OF THE FAMILY GOURT ACT, AN APPEAL FROM
THIS ORDER MUST BE TARF,N WSTHIN 30 DAYS OF RECEIPT OF THE ORDER BY
APPEALLANT TN COURT, 35 DAX5 FROM THE DATE OF MAILING OF THE ORDER
TO Apvrrar.r,arsn gY ~pgE CLERK Og+ TAE COURT, OR 30 DAYS AFTER SERVICE
BY A PARTY OR THE LAW GUARDIAN UPON THE AppFnr.r.a~tT~ WHICH EVER IS
EA1tLIEST .
E0 39Cd
5085 S.ONNIN X303d
E T6Z-5Sb--STE LL:9L Fgg7./EL/Lq
CERTIFICATE OF SERVICE
I, Sarah Rosko, Certifted Legal Intern, the Family Law Clinic, hereby certify that I am
serving a tme and correct copy of a Petition to Modify Custody Order on the following persons by
first class U.S. Mail, postage prepaid, this J~~ day of ~QrG=t%~ , 2009:
Diane M. Dils, Esquire
1400 North Second Street (1 s` Floor Front)
Harrisburg, PA 17102
Attorney for
Cindy Rigg
Mark Houck
and
Richazd Schillawski
45 Cayuga Street
Auburn, NY 13021
d~Lr!l( ~, '
Sazah Rosko
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Cazlisle, PA 17013
717-243-2968