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HomeMy WebLinkAbout09-5704ANGELA LITTLE, Plaintiff VS. TIMOTHY PAVLESICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY, PENNSYLVANIA . NO. 0 4- -5710V ?c 7-4.11 CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES, Angela Little, by and through her attorney, Thomas M. Clark, Esquire, of Colgan Marzzacco, LLC, and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is Angela Little, who currently resides at 19 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Timothy Pavlesich, who currently resides at 276 Eisenhower Road, Palmyra, Lebanon County, Pennsylvania. 3. Plaintiff seeks primary physical custody of the following children: Madison Pavlesich, born on July 14, 2005 and Rylan Little, born on April 20, 2009. The children were born out of wedlock. The children are presently in the physical custody of Plaintiff. 4. During the past five years, the children have resided with the following persons and at the following addresses: Dates Address Persons A. March 2009 to Present 19 Hunter Lane Mother Camp Hill, PA B. May 2008 to March 2009 Harrisburg, PA C. July 2007 to May 2008 Hummelstown, PA D. April 2007 to July 2007 Harrisburg, PA E. November 2005 to April Camp Hill, PA 2007 F. July 2005 to November Cleona, PA 2005 Mother, Aunt, Uncle and Cousin Mother and Great Grandparents Mother and Roomate and her Daughter Mother Mother and Father The mother of the children is Angela Little, currently residing at 19 Hunter Lane, Camp Hill, Pennsylvania. The father of the children is Timothy Pavlesich, currently residing at 276 Eisenhower Road, Palmyra, Pennsylvania. 5. The relationship of Plaintiff to the children is that of mother. 6. The relationship of Defendant to the children is that of father. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody of the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests This Honorable Court to award her primary physical custody of the minor children with partial physical custody to Defendant. Respectfully submitted, COL MARZZACCO LLC By: Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: ANGELA LITTLE, Plaintiff VS. TIMOTHY PAVLESICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN CUSTODY VERIFICATION I, ANGELA LITTLE, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: U I q - 9 ?wl? ?__ ANGE A LITTLE, PLAINTIFF OF THEE PR TH,I)NOTAAY 2009 AUG 18 PH 1= 25 CUwSkD Y:r' rs ?; 7 FED NS?`NA?uIA IL.? . 5o Po A-MY GG? 01311 Ra'? ?,q3&3 ANGELA LITTLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5704 CIVIL ACTION LAW TIMOTHY PAVLESICH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 26, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur2, PA 17055 on _ Wednesday, September 23, 2009 at 9:00 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _/s/ Dawn S. Sunda 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 P'1 OF TF' ? J AA V 2069 , UG 26 PN 3: 3 414 ? :? ( -D rte' C? T ??. `,u,?.ti,??? ? (%? L?? ,? OCT 141fln4? 1 ANGELA LITTLE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-5704 CIVIL ACTION LAW TIMOTHY PAVLESICH Defendant IN CUSTODY ORDER OF COURT AND NOW, this lS ?4 day of n ±. , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Angela Little and the Father, Timothy Pavlesich, shall have shared legal custody of Madison Pavlesich, born July 14, 2005, and Rylan Little, born April 20, 2009. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of Madison in accordance with the following biweekly schedule: A. Week I: During Week I, the Father shall have custody of Madison from Friday at 6:00 p.m. through Tuesday before daycare/school. B. Week II: During Week II, the Father shall have custody of Madison from Sunday at 12:00 noon through Tuesday at 6:30 p.m. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father. 4. The Father shall have partial physical custody of Rylan on a gradually increasing basis as arranged by agreement between the parties. Initially, the Father shall have periods of visitation with Rylan at times when the Father is picking up or dropping off Madison for periods of custody. After the parties agree that the Child is ready, the Father shall begin having short periods of custody with Rylan at his residence which shall then be gradually expanded to overnight periods of custody in approximately one year as agreed between the parties. 5. The parties shall share having custody of Madison, and eventually Rylan, on holidays in accordance with the following schedule: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from 12:00 noon until 6:00 p.m. on Christmas Eve, Segment B, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 9:00 a.m., and Segment C, which shall run from Christmas Day at 9:00 a.m. through December 26 at 9:00 a.m. In odd-numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segment B. In even- numbered years, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segment B. B. Thanksgiving: In every year, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 3:30 p.m. and the Mother shall have custody for the remainder of Thanksgiving beginning at 3:30 p.m. C. Easter: In every year, the Mother shall have custody of the Child on Easter Sunday from 9:00 a.m. until 3:30 p.m. and the Father shall have custody for the remainder of Easter Sunday. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 6:00 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Each parent shall be entitled to have custody of the Child for two nonconsecutive weeks each summer upon providing at least 30 days advance written notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 7. For the present time, the Father shall be responsible to provide all transportation for exchanges of custody unless otherwise agreed between the parties. 8. In the event the parties are unable to agree on the gradual expansion of the custody for Rylan, counsel for either party or a party pro se may contact the conciliator within six months of the date of this Order to request the scheduling of a follow-up custody conciliation conference to address that issue. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: omas M. Clark, Esquire - Counsel for Mother 2;' othy Pavlesich - Father P? BY THE COURT, ANGELA LITTLE vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5704 CIVIL ACTION LAW TIMOTHY PAVLESICH Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madison Pavlesich July 14, 2005 Mother Rylan Little April 20, 2009 Mother 2. A custody conciliation conference was held on September 23, 2009, with the following individuals in attendance: the Mother, Angela Little, with her counsel, Thomas M. Clark, Esquire, and the Father, Timothy Pavlesich, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Oc? cwt -P-v v 9 Date Dawn S. Sunday, Esquire Custody Conciliator 213 09 GAT IG FIN is k A '