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HomeMy WebLinkAbout10-0233 NATALIE DEITCH, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. f D - ?-3 3 CODY CHIOLO, Defendant IN CUSTODY COMPLAINT FOR CUSTODY C-) C P"2 p vv O HE [? 1l?r,. C,. Z7+ T, z HIM t U _ C.3 AND NOW, comes the Plaintiff, Natalie Deitch, by and through her counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is Natalie Deitch, who currently resides at 1235 Franklin St., Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Cody Chiolo, who currently resides at 63 Cherry Lane, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks primary physical custody of Name Primary Residence DOB Austyn Deitch 1235 Franklin St. 2-27-04 Carlisle, PA 17013 The child was not born out of wedlock. The child is presently in the custody of mother, who resides at 1235 Franklin St., Carlisle, Cumberland County, Pennsylvania 17013. Since birth, the child has resided with the following persons at the following addresses: /79,00 'd'44 C& Aopy 00 air I N Y Name Mother, Maternal. Grandparents and Aunts Mother and Maternal Great Grandparent Mother Mother and Eric Dyson Addresses Dates 101 S. High St. Birth- 6/05 Newville, PA 17241 826 W. North St. 8/ 05-3/06 Carlisle, PA 17013 1950B Fry Loop Ave. 3/06-11/08 Carlisle, PA 17013 1235 Franklin St. 11/08- Present Carlisle, PA 17013 The mother of the child is Natalie Deitch, who resides at 1235 Franklin St., Carlisle, Cumberland County, Pennsylvania 17013. She is not married. The father of the child is Cody Chiolo, who resides at 63 Cherry Lane, Carlisle, Cumberland County, Pennsylvania 17015. He is not married. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Austyn Deitch Son Eric Dyson Boyfriend 5. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: if , Name Carol Chiolo Relationship. Mother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name(s) Address Basis of Claim None 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has undertaken and performed the primary parental responsibilities for the child. 4164 b) Plaintiff is best able to provide the care and nurture which the child needs for healthy development. c) A Court Order of custody and structured visitation is desired so that Plaintiff and child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her Complaint for primary physical custody of the child. Respectfully submitted, ?. Date: _a 1- o a I/V/ ?A / Michael I Whare, E4squire 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 Attorney for Plaintiff Ni NATALIE DEITCH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law CODY CHIOLO, Defendant No. : IN CUSTODY VERIFICATION I 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 unworn falsification to authorities. Date: 12-11,0,i6Q fi/ T? I Natalie Deitch, Plaintiff 4 NATALIE DEITCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CODY CHIOLO DIFF.NDANT 2010-233 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW Tuesday, January 1__2,2010_________ 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 Wednesdal, February 17, 2010 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by fie court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a t,;mporary 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 hearinLy. FOR THE COURT. By: ?s? john„L MaPga_,Q ,,9S_?- 1-----C_lr Custody Conciliator The Court of Common Pleas of Cumberland County is required 1: y law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities an3 reasonable accommodations available to disabled individuals having business before the court, please cc ntact ou- 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 TEL) PHONE 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 Flf 2610 JAN 12 0H 2: i u { L `.'Lv ?c ~~3 ~ ~ [u iu~ 4 NATALIE DEITCH, Plaintiff v. CODY CHIOLO, Defendant r,- FILE i}--~:; ~ it ~ ~r`'~,,~ AIM n j'x '~/ r., ~F.~ j .J 1iJ~,T 2a{~ FED 23 ~~i ~'- 1 .~»t;!r.tii~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-233 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this o1G~ `day of February 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custodv: The Father, Cody Chiolo, and the Mother, Natalie Deitch, shall have shared legal custody of Austyn Deitch, born 02/27/2004. 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 Custodv: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 02/19/2010, Father shall have physical custody of Austyn every other weekend from Friday 5:30 pm until Sunday evening, the time to be determined by agreement of the parties. Absent agreement otherwise between the parties, Father's periods of physical custody shall occur at paternal grandmother's residence where he currently resides. b. Transportation of the Child for the custody exchanges shall be agreed between the parties. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have one week (seven consecutive days) of vacation with the Child per year. Father has agreed that his period of vacation shall include paternal grandmother also coming along for the vacation. 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. 6. 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. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. 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 consent, the terms of this Order shall control. By the Court, ~~~~~ Di tribution: ~chael Whare, Esquire dy Chiolo, 63 Cherry Lane, Carlisle, PA 17015 ~hn J. Mangan, Esquire ~o ~~ ~s m~ ~ ~1., a/a. 3 ~ ~~ TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS 1St Half Easter Da From 9 am until 3 m Father Mother y Easter Day 2n Half From 3 m until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Ind endence Day From 9 am until 9 pm Father Mother Labor Day 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 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Day Thanksgiving 2" From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2" Half From noon on 12/25 to noon on Mother Father 12/26 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 Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father NATALIE DEITCH, Plaintiff v. CODY CHIOLO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-233 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Austyn Deitch 02/27/2004 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 17, 2010 with the following individuals in attendance: The Mother, Natalie Deitch, with her counsel, Michael Whare, Esq. The Father, Cody Chiolo, self-represented party 3. The parties agreed to the entry of an Order in the form as attached. Date Jo angan, Esqui Cu to Conciliator