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Home My WebLink About03-25-09LAW 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) 233-8743 Attorney for Guardians IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Jordan Bryce Schillawski NO. 21-08-1163 CIVIL ACTION -LAW NOTICE TO PLEAD TO: Kristen Schillawski, c/o Sarah Rosko, Certified Legal Intern The Dickinson School of Law Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 You are hereby notified to plead to the within New Matter within twenty (20) days after date of service hereof. Respe lly submitted, ~- BY. 'ane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: March 24, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~ c~a _' '. CCU 4.:.'7 .cs ~ ~ _z_~ i;,~ --r, No 21-08-1163 ~`' -° ~-, ~ ~~~' ~ -_ . _: ~ ~- - _,,, N ~ IN RE: cst - ; c -; -~ Jordan Bryce Schillawski ~, ; ~ =~= - _ cry ANSWER TO PETITION FOR THE REVOCATION OF GUARDIAN OF MINOR WITH NEW MATTER AND NOW this day of March, 2009, comes Cindy Rigg and Marc Houck, Guardians of the child, Jordan Bryce Schillawski, by their Attorney, Diane M. Dils, Esquire, and respectfully answers as follows: 1. Cindy Rigg and Marc Houck are unable to deny or confirm the address of the Petitioner, as said allegation is within the exclusive knowledge and control of said Petitioner and the Guardians, Cindy Rigg and Marc Houck are without knowledge of the same. 2. Cindy Rigg and Marc Houck are unable to deny or confirm the address of the natural father, Richard Schillawski, as said allegation is within the exclusive knowledge and control of the Petitioner, and the Guardians are without knowledge of the same. 3. Paragraph 3 is admitted. 4. Paragraph 4 is admitted. 5. Cindy Rigg and Marc Houck are unaware of father's move to Pennsylvania on or about December, 2007 with or without informing Petitioner of the move. Proof is demanded for the allegation as said allegation is within the exclusive knowledge and control of the Petitioner and the Guardians, Cindy Rigg and Marc Houck, are without knowledge of the same. 6. The Guardians, Cindy Rigg and Marc Houck believe the allegation set forth in Paragraph his correct. 7. The Guardians, Cindy Rigg and Marc Houck are unable to deny or confirm the allegation set forth in Paragraph 7 as said allegation is within the exclusive knowledge and control of the Petitioner and Geri L. Rigg and Richard Schillawski, and the Guardians, Cindy Rigg and Mark Houck are without knowledge of the same. 8. Paragraph 8 is admitted. 9. Paragraph 9 is admitted. lO.Paragraph 10 is admitted. 11.The Guardians, Cindy Rigg and Marc Houck are unable to deny or confirm the allegation set forth in Paragraph 11 as said allegation is within the exclusive knowledge and control of the Petitioner and the Guardians, Cindy Rigg and Marc Houck are without knowledge of the same. 12.Paragraph 12 is admitted in that it is admitted that the Petitioner did not consent to the appointment of Cindy Rigg and Marc Houck as Guardians and that the said Guardians, Cindy Rigg and Marc Houck, were unaware as to the location and whereabouts of the Petitioner. The Petitioner had previously contacted Geri L. Rigg in the spring of 2008 indicating that she was the mother of Jordan; however, despite the fact the Petitioner had a telephone number and location of the whereabouts of her son, she failed to ever request a visitation, failed to ever appear to obtain custody of her son, and failed to provide any information whatsoever as to her whereabouts. See New Matter hereinafter set forth. 13.Paragraph 13 is admitted. 14.Proof is demanded for the allegation contained in Paragraph 14 as said allegation is within the exclusive knowledge and control of the Petitioner and the Guardians, Cindy Rigg. and Marc Houck are without knowledge of the same. WHEREFORE, the Guardians, Cindy Rigg and Marc Houck, respectfully pray Your Honorable Court to deny the Petition to Revoke Guardianship. NEW MATTER 15.The natural mother, Kristen Schillawski was well aware of the whereabouts of her son, Jordan Bryce Schillawski, prior to February 7, 2008. 16.The natural mother sent a birthday card to her son, Jordan, on or about February 7, 2008 at the address of Geri Rigg, with whom the minor child was residing at that time. 17.In the spring of 2008, the natural mother, Kristen Schillawski, telephoned Geri Rigg, who had custody of the minor child, Jordan, and spoke with Ms. Rigg. 18.The natural mother indicated to Geri Rigg that on Christmas Day of 2007, the natural father, Richard Schillawski dropped the minor child off at her home and requested that she retain custody of the child. 19.The natural mother, Kristen Schillawski, contacted Richard Schillawski, later in the day on Christmas Day of 2007, and requested that he return to pick up the child, indicating that she could not care for him. 20.The natural mother, Kristen Schillawski, was well aware of the whereabouts of her son, Jordan, since prior to 2008. 21.The natural mother, Kristen Schillawski, other than a birthday card on February 7, 2008 and another on February 7, 2009, failed to attempt to contact her son, failed to request visitation, failed to even telephone and speak with her son on the phone. 22.The minor child, Jordan Bryce Schillawski, was left in the custody of Geri Rigg by his father, Richard Schillawski, the last week of January, 2008, when the natural father was incarcerated for several days in Cumberland County, Pennsylvania, as a result of outstanding warrants. 23.Even when the natural father was released from the Cumberland County Prison near the end of January, 2008 or the beginning of February, 2008, he would not pick up his son at the home of Geri Rigg but requested Geri Rigg to retain custody of the minor child, indicating that he was not able to care for the child. 24.At the time that the minor child was placed in the custody of Geri Rigg, the minor child was diagnosed as suffering from malnutrition, and losing his hair as a result of the same. 25.It was necessary for Geri Rigg to obtain a Court Order granting her custody of the minor child so that the minor child could be placed on her medical insurance and receive the appropriate medical treatment needed. 26.The minor child was behind in his immunizations at the time the custody was turned over to Geri Rigg. 27.At all times since January of 2008, the natural mother, Kristen Schillawski was aware of the whereabouts of her son, always had a contact telephone number for her son, yet failed to act in the child's best interest and failed to even contact her child. 28.The natural mother, Kristen Schillawski, did not acknowledge the minor child at the time of Christmas 2008. 29.In approximately May or June of 2008, the Guardian, Cindy Rigg, on behalf of her daughter Geri Rigg, contacted the Cumberland County Children and Youth Services on at least five different occasions requesting help and assistance in connection with the care of the child. The Cumberland County Children and Youth Offices advised Cindy Rigg that they were unable to assist in the matter. 30.The natural mother now attempts vacate Guardianship for her minor child where he has become established and is doing well. 31.The natural mother has been well aware of where her minor child has been since prior to February 7, 2008 and has done absolutely nothing to even contact her son, speak with her son on the telephone or visit her son. 32.Vacating the Guardianship of Cindy Rigg and Marc Houck would be detrimental to this minor child. WHEREFORE, the Guardians, Cindy Rigg and Marc Houck, respectfully pray Your Honorable Court to deny the Petition to Vacate Guardian. Respectfully submitted, BY: Diane M ils; Esquire 1400 N'" rth Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION Answer to Petition for the Revocation of Guardian of I verify that the statements made in this Aiinor are true and correct. I understand that false statements herein are made subject to the penalties of 18 P'A. C.S. Section 4904 relating to unsworn falsification to authorities. ~__ .- ~.. CINDY L. RIGG Date: March 23, 2009 VERIF'ICA'TION Answer to Petition for the Revocation of Guardian of I verify that the statements made in this 24inor 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, %~G~-~- ~ :~IARC E . HOUCK Date: ::iarch 23, 2009 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Answer to Petition for the Revocation of the Guardian of Minor With New Matter has been served upon the following individual, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this day of ~ , 2009, addressed as follows: Sarah Rosko, Certified Legal Intern Julie M. Cooper, Esquire The Dickinson School of Law SENT VIA FAX (717) 367-3219 Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Respectfully submitted, ~~ ~ Diane M ils, Esquire 1400 rth Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: March 24, 2009