HomeMy WebLinkAbout01-1953TIMOTHY J. DeANGELO, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
vs · CIVIL DIVISION- LAW
DANA M. DeANGELO · NO. 0
Defendant ·
· IN CUSTODY
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER 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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
TIMOTHY J. DeANGELO · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
vs · CIVIL DIVISION- LAW
DANA M. DeANGELO · NO.
Defendant ·
· IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, comes the Plaimiff, by and through his attorney John H. Broujos of Broujos &
Gilroy, P.C., and avers as follows:
1. Plaintiff is Timothy J. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Dana M. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the child Hunter Timothy DeAngelo residing at 414 ~. Pitt
Street, Cumberland County, Pennsylvania 17013.
· Hunter DeAngelo was bom August 28, 1996.
· The Child was not bom out of wedlock.
· The Child is presently in the shared custody of Plaintiff and Defendant at their residence
at 414 S. Pitt Street, Carlisle, Cumberland County, Pennsylvania.
· During the past four years, the Child has resided with the following persons and at the
following addresses:
Person Address Dates
Both parents State College, PA August 28, 1996 - May, 1997
Both parents 414 S. Pitt St., Carlisle, PA 17103 May, 1997 - present
· The Mother of the Child is Dana M. DeAngelo currently residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
· Plaintiff and Defendant were married June 15, 1996 at Carlisle, Pennsylvania.
· The Father of the Child is Timothy J. DeAngelo, currently residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
4. The relationship of Plaintiffto the Child is that of Father.
5. The relationship of Defendant to the Child is that of Mother.
6. The 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 of visitation rights with respect to the ~hild.
9. Each parent who has parental rights to the Child which have not been terminated and the
person who has physical custody of the Child are parties to the action.
10. The best interest and permanent welfare of the Child will be served by granting to
Plaintiff primary physical custody of the Child.
11. For no reason, Defendant has threatened to move from the marital home and to take the
child with her. Defendant has increasingly remained away from the house for long periods of
time, unaccounted for, particularly in the evenings.
WHEREFORE, Plaintiff requests this Court to grant custody of the Child to Plaintiff.
Re '
e
?k-ttorfiey for Plaintiff
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574; 717/766-1690
FAX// 717/243-8227
Date: April 4, 2001
I verify that the statements in the foregoing pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom
falsification to authorities.
Date:
·
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TIMOTHY J. DEANGELO : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. :
DANA M. DEANGELO
· 01-1953 CIVIL ACTION LAW
DEFENDANT
: IN CUSTODY
ORDER OF COIJRT
AND NOW, Thursday, April 05, 2001 ., upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq..., the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 25, 2001 at 3:30 p.m.
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 ali 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/ ]acqueline M. Verney, Esq.l,~/ 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
2 Liberty Avenue
Carlisle, Pennsylvania ! 70 ! 3
Telephone (717) 249-3166
F:\FILES~DATAFiLE\Gendoc.cur\ 10312-pra. 2/tde
Created: 04/09/01 10:51:55 AM
Revised: 04/09~1 11:10:08 AM
· ·
,
TIMOTHY j. DeANGELO, · IN THE COURT OF COMMON PLEAS OF
Plaintiff
· CUMBERLAND COUNTY, PENNSYLVANIA
V.
· NO. 01-1953 CIVIL ACTION - LAW
DANA M. DeANGELO, i
Defendant ' IN CUSTODY
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant in the above matter.
MARTSON DEARDORFF WILLIAMS & OTTO
By I ~
Thomas J. Willi
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant Dana M. DeAngelo
Dated: April 9, 2001
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Praccipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
John H. Broujos, Esquire
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: April 9, 2001
F:~FILES~DATAFILE\Gendoc.¢ur\ 10312-ans. 2
Created: 04/09/01 10:S0:00 AM
Revised: 04/05V01 i !' ! S:21 AM
.
TIMOTHY J. DeANGELO, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
v. ' NO. 01-1953 CIVIL ACTION- LAW
·
DANA M. DeANGELO, .
Defendant · IN CUSTODY
DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW, comes the Defendant, Dana M. DeAngelo (hereinafter "Mother"), by and
through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and answers Plaintiff's
Petition for Special Relief as follows:
1-3. Admitted.
4-5. Denied that Mother has threatened to take the child and move from the marital
household; however, the parties are divorcing and eventually will live separately, so a decision
regarding custody of the child will have to be made. The balance of the averments are admitted.
WHEREFORE, Defendant requests Your Honorable Court to deny Plaintiff's Request for
Special Relief.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Thoma~'~ f.. ~illia6rg, Esquir~
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant Dana DeAngelo
Date: April 9, 2001
~VERIFICATION
Thc foregoing Answer to Request for Special Relief is based upon information which has
been gathered by my counsel in thc preparation of thc lawsuit. The language of thc document is that
of counsel and not my own. I have read thc document and to thc extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that thc content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the p~naltics of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Dana DeAngelo /~
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby
certify that a copy of the foregoing Answer to Petition for Special Relief of Defendant was served
this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
John H. Broujos, Esquire
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
ia D. Ecker[roa~d
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: April 9, 2001
! 15' 33 71 ?'2431887 MDWO
, q,
·
,,,
· .
TIMOTHY J. DoANGELO, ' IN THE COURT OF COMMON PLEAS OF
Plab.ltiff ' CUMBERLAND cOUNTY, 'PEN'NSYLVANIA
·
V. ' NO. 01.- 1953 CIVIL ACTION - LAW
o
DANA M. DeANGELO, .
Defendant · 'IN CUSTODY
·
STIPU ATION FOR CUSTODY
AND NOW, comes the parties, Timothy J. DeAng¢lo and Dana M. DcAng¢lo, who h~¢by
stipulate and agree as £ollows:
1. Thc parties shall share equally th~ legal mud physical custody of the child, Hunter T.
DeAngelo, bom August 28, 1996.
2. Father has custody ofHumcr fxom SatUrday at 3:00 p.m. until 8:00 p.m. on Tuesday,
except that every other week Fath~'$ custody shall ~ad on We, da¢~day morning at rite start of da),,
3. Mothcrhas custody of Huntcr from Tuesday at $ :CO p.m. until 3:00 p.m. on Sat,~day,
except that every other week Mother's custody shall start ca Wednesday after day care.
4. It is r.h~ intention of thc parties in dividing custody that each will have half of the total
custody, being seven out of every fourteen days, by alternating weeks so that each parent has three
days of physical custody one week and four days the next.
5. Tranzportation shall be divided equally. In the absence of an agreement to the
contrary,, the par~n~! having custody will transport thc child to thc other pai'¢nt.
6. The parties rcclUCSt thy court to enter an order in accordance with this stipulation.
F:\FILES~DATAFILE\Gcnd°C'cur\103
Crcatccl: 04/24/01 09:15:14 AM ,
Rcvisccl: 04/25/01 03:13:43 PM
· IN THE COURT OF COMMON PLEAS OF
TIMOTHY J. DeANGELO, . CUMBERLAND cOUNTY, PENNSYLVANIA
Plaintiff .
· NO. 01-1953 CIVIL ACTION - LAW
V,
·
DANA M. DeANGELO, · IN CUSTODY
Defendant
ORDER
2001, upon consideration of the attached Stipuluation,
ANDNOW, this ~"~day °f-J~~'parties shall share physical and legal custody of the
it is hereby Ordered and Directed that the
parties' son, Hunter T. DeAngelo, born August 28, 1996, as follows:
1. The parties shall share equally legal and physical custody of the child, Hunter T.
DeAngelo, bom August 28, 1996.
2. Father has custody of I-tunter from Saturday at 3:00 p.m. until 8:00 p.m.on Tuesday,
except that every other week Father's custody shall end on Wednesday morning at the start of day
care. 8:00 p.m. until 3:00 p.m. on Saturday,
3. Mother has custody of I-Iunter from Tuesday at
except that every other week Mother's custody shall start on Wednesday after day care.
4. It is the intention of the parties in dividing custody that each will have halfofthe total
custody, being seven out of every fourteen days, by alternating weeks so that each parent has three
days of physical custody one week and four days the next.
5. Transportation shall be divided equally. In the absence of an agreement to the
contrary, the parent having custody will transport the child to the other parent.
BY
·
TIMOTHY J. DeANGELO, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
. vs · CIVIL DIVISION- LAW
DANA M. DeANGELO · NO.
Defendant ·
· IN CUSTODY
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER 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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
TIMOTHY J. DeANGELO · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
vs · CIVIL DIVISION - LAW
DANA M. DeANGELO · NO. o/- /q.~'3 ~ "'~'.a,,,,,
Defendant ·
· IN CUSTODY
C... ':.-z. .
..
COMPLAINT FOR CUSTODY
.'...~: ,.. :
·
,, ..
-.
· .
AND NOW, comes the Plaintiff, by and through his attorney John H. Broujos of B'r~Ujos &
...
·
_..
Gilroy, P.C., and avers as follows' -;' .... °"'
1. Plaintiff is Timothy J. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Dana M. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the child Hunter Timothy DeAngelo residing at 414 S. Pitt
Street, Cumberland. County, Pennsylvania 17013.
· Hunter DeAngelo was bom August 28, 1996.
· The Child was not bom out of wedlock.
· The Child is presently in the shared custody of Plaintiff.and Defendant at their residence
at 414 S. Pitt Street, Carlisle, Cumberland County, Pennsylvania.
· During the past four years, the Child has resided with the following persons and at the
following addresses:
Person Address Dates
Both parents State College, PA August 28, 1996 - May, 1997
Both parents 414 S. Pitt St., Carlisle, PA 17103 May, 1997 - present
· The Mother of the Child is Dana M. DeAngelo currently residing at 414 S. Pitt Street,
· Carlisle, Cumberland County, Pennsylvania 17013.
· Plaintiff and Defendant were married June 15, 1996 at Carlisle, Pennsylvania.
· The Father of the Child is Timothy J. DeAngelo, currently residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
4. The relationship of Plaintiff to the Child is that of Father.
5. The relationship of Defendant to the Child is that of Mother.
6. The 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 of visitation rights with respect to the Child.
9. Each parent who has parental rights to the Child which have not been terminated and the
person who has physical custody of the Child are parties to the action.
10. The best interest and permanent welfare of the Child will be served by granting to
Plaintiff primary physical custody of the Child.
11. For no reason, Defendant has threatened to move from the marital home and to take the
child with her. Defendant has increasingly remained away from the house for long periods of
time, unaccounted for, particularly in the evenings.
WHEREFORE, Plaintiff requests this Court to grant custody of the Child to Plaintiff.
Re '
e
~*orfiey for Plaintiff
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574; 717/766-1690
FAX# 717/243-8227
Date: April 4, 2001
TIMOTHY j. DeANGELO, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
v$
· CIVIL DIVISION. LAW
DANA M. DeANGELO ' NO. 01-1953 CIVIL
Defendant .
· IN CUSTODY
REQUEST FOR SPECIAL RELIEF
AND NOW, comes the Plaintiff, by and through his attorney John H. Broujos of Broujos
& Gilroy, P.C., and avers as follows, in relation to the Complaint for Custody filed April 3
2001- '
1. Plaintiff is Timothy J. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Dana M. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the child Hunter Timothy DeAngelo residing at 414 S. Pitt
Street, Cumberland County, Pennsylvania 17013.
4. Since the parties live in the same household and since Defendant has threatened to take
the child and move from the marital household, Plaintiff requests the Court to maintain the status
quo by directing that the Child remain with the Father in the marital household, where the
Mother resides now, at 414 S. Pitt Street until conciliation conference and order of court.
I verify that the statements in the foregoing pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom
falsification to authorities.
Date:
TIMOTHY j. DeANGELO, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
¥$
· CIVIL DIVISION- LAW
DANA M. DeANGELO · NO. 01-1953 CIVIL f.-~ .....
Defendant . -~::-:. ....
· IN CUSTODY 7_-_..
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REQUEST FOR SPECIAL RELIEF ~
AND NOW, comes the Plaintiff, by and through his attorney John H. Broujos of Broujos
& Gilroy, P.C., and avers as follows, in relation to the Complaint for Custody filed April 3,
2001-
1. Plaintiff is Timothy J. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013. ,
2. Defendant is Dana M. DeAngelo an adult individual residing at 414 S. Pitt Street,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the child Hunter Timothy DeAngelo residing at 414 S. Pitt
Street, Cumberland County, Pennsylvania 17013.
4. Since the parties live in the same household and since Defendant has threatened to take
the child and move from the marital household, Plaintiff requests the Court to maintain the status
quo by directing that the Child remain with the Father in the marital household, where the
Mother resides now, at 414 S. Pitt Street until conciliation conference and order of court.
5. Otherwise, either party could upset the status quo by taking the child and moving to
another location, county, or state. Plaintiff seeks only to keep the child in the household where
both parents live now, because of the threat of Mother to move and take the child.
WHEREFORE, Plaintiff requests this special relief.
R~espectfully slabmi-tte~,
.
· ujos, t:sqmre
Attorney for Plaintiff
BROUJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574; 717/766-1690
FAX# 717/243-8227
Date' April 4, 2001
I verify that the statements in the foregoing pleading are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom
falsification to authorities.
Date: /0~r,'( ~ ~oo!
.JUN ~ 8
TIMOTHY DeANGELO, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
V. · NO. 2001-1953 CIVIL TERM
DANA M. DeANGELO, : CIVIL ACTION- LAW
Defendant .
· IN CUSTODY
ORDER OF COURT
AND NOW, this 28th day of June, 2001, the Conciliator being notified that the
parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this
matter.
FOR THE COURT,
/,4acqt~line M. Vemey, E~ciliator