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HomeMy WebLinkAbout02-0178VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION IN CUSTODY : :NO. g9o2- /?tf NOTICE TO DEFEND TO THE RESPONDENTS NAMED HEREIN: 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 Petition 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 Petition or for any other claim or relief requested by the Plaintiffs. 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 Two Liberty Avenue Carlisle, PA 17013 (717)249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objectones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, las corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. o VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION IN CUSTODY : NO. ~o~- . The plaintiffis ~'r'l(~C The defendant is f? ~,o,o COMPLAINT IN CUSTODY Plaintiff seeks ~, (partial custody), (visitation) of the following child(D~c): NAME PRESENT ADDRESS AGE /(,'~t~ P,'~le Z~'~'d ~.~, c~ /~o ~,>~Ao~ ~ ~ The child(t:~ff) ~}(was not) bom out of wedlock. The child(ren) is presently in the custody of C~ who resides at addresses: LIST OF PERSONS ADDRESSES DATES During the past five years, the child0n~t) has resided with the following persons at the following The mother of the child(ren) is She is (single)~divorced). The father of the child(ren)is He is (single)~-~-~d)(divorced). The relationship of the Plaintiffto the child(ten) is: ,~ RELATIONSHIP resides with: NAME (5 ,t,^r currently residing at currently residing at .,q~/'27,, ~ · The Plaintiff currently o The relationship of the Defendant to the child(ren) is: currently resides with: NAME The Defendant RELATIONSHIP Plaintiff (has)(~ participated as a party or witness, or in another capacity, in other litigation concerning the custody of this minor child(ren) in this or another court. (if so)The court, term and number, and its relationship to this action is:. Plaintiff (has~ information of a custody proceeding concerning the child(ren) pending in a court of this Commonwealth. (if so)The court, term and number and its relationship to this action is: o Plaintiff (knows) d~ not _k~ow~ 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. The name and address of such a person is: The best interest and permanent welfare of the child will be served by granting the relief requested b~]o~ ~bo ~ ~o~ to ~ o~ e]~m ~ ~t to e~tody o~ ~i~mfio~ of t~ ~bH~ ~iH b~ 8iv~ notice of the pendency of this action and the right to intervene: NAME ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiff requests this court to grant ~(temporary custody)(visitation) of the child(ren) to the Plaintiff. Respectfully submitted, Date d ERIC A. LEIDICH PLAINTIFF V. JOY A. LEIDICH DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-178 CIVIL ACTION LAW : : IN CUSTODY AND NOW, Friday, January 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 08, 2002 at 9:30 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. 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 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/ Hubert X. G ilro~. Esa. 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 heating. 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 17013 Telephone (717) 249-3166 ERIC A. LEIDICH, : PLAINTIFF : VS. : ; JOY A. LEIDICH, : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-178 CIVIL ACTION LAW IN CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint in Custody with Notice to Defend together with Order of Court dated January 25, 2002, in the above referenced matter on behalf of Joy A. Leidich, Defendant, and certify that I am authorized to do so. Dated: FEB ERIC A. LEIDICH, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : CiVIL ACTION - LAW JOY A. LEIDICH, : NO. 02 - 178 CiVIL Defendant : IN CUSTODY CO~TO~ER AND NOW, this ~ s'~ day of February, 2002, upon comideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall submit themselves and the minor child to a custody evaluation to be performed by a professional who shall be agreed upon by legal counsel for the parties. Costs of this evaluation shall be shared equally between the parties. The evaluator shall be independem and shall share the results of the evaluation with both parties and legal counsel for both parties. The evaluation shall include the parents, the minor child and any other individuals the evaluator deems to be appropriate. Pending further order of this court, the following temporary custody order is entered: The Mother, Joy A. Leidich, and the Father, Eric A. Leidich, shall enjoy shared legal and shared physical custody of Kirsten Nicole Leidich, bom June 2, 1999. The parties shall alternate physical custody of the minor child on a week on/week off basis, with exchange of custody to be on Friday at 4:00 p.m. unless agreed otherwise by the parties. When the custodial parent is working and not available to take care of the minor child, the non-custodial parem shall have the first option with respect to providing daycare. The parties may modify the physical custody arrangement as they agree. Absent an agreement, this court order shall control. Upon the conclusion of the evaluation and in the evem the parties are unable to reach an agreemem on a permanent order of custody, counsel for either party may contact the conciliator by letter to request another custody conciliation conference. 4. This order shall supercede the temporary custody order emered on January 16, 2002 at Docket No. 02 - 229. CC: r P. Andrews, Esquire P. Ruane, Esquire BY THE COURT, ERIC A. LEIDICH, Plaintiff V JOY A. LEIDICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 178 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3,8(b), the undersigned Custody Conciliator submits the following report: The pertinent inform~ation pertaining to the child who is the subject of this litigation is as follows: Kirsten Nicole Leidich, bom June 2, 1999. A Conciliation Conference was held on February 8, 2002, with the following individuals in attendance: The Mother, Joy A. Leidich, with her counsel, Taylor P. Andrews, Esquire; and the Father, Eric A. Leidich, with his counsel, Joseph P. Ruane, Esquire. The parties agree to the entry of an order in the form as attached with respect to the case being referred to a custody evaluator. The interim custody order set forth in the attached Order is based upon the recommendation of the conciliator. Both parties are seeking primary custody, and both parties feel that they would be the better parent to have prim~ary custody. The conciliator's recommendation is based upon the understanding the conciliator had with respect to the custody arrangements over the past eight months. ERIC A. LEIDICH, Plaintiff/Respondent V. JOY A. LEIDICH, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 2002-178 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Taylor P. Andrews, Esquire, on behalf of Joy A. Leidich, the Defendant in the above-captioned case. s ' A~drews, Esquire & Johnson Pomfret Street Carlisle, Pennsylvania 17013 (717) 243-0123 TO THE PROTHONOTARY: Please enter the appearance of Thomas S. Diehl, Esquire, on behalf of Joy A. Leidich, the Defendant in the above-captioned case. Date: ~[rh~ma~ S DieM, Esquire One West High Street, Suite 208 Carlisle, Pennsylvania 17013 (717) 240-0833 ERIC A. LEIDICH, Plaintiff JOY A. LEIDICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 178 CIVIL IN CUSTODY COURTO~ER AND NOW, this _/Q~ day of August, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on /~o.~ day of ~7~ at . 9 / ,30 ~_.m. at which time testimony will be taken in the above case. At this hearing, the Mother, Joy A. Leidich, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. e Pending further order of this court, this Court's prior order of February 25, 2002 with respect to the handling of physical custody of the minor child shall continue. CC: Thomas S. Diehl, Esquire Joseph P. Ruane, Esquire BY THE COURT, /~A. Hess ERIC A. LEIDICH, Plaintiff V JOY A. LEIDICH, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 178 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(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: Kirsten Nicole Leidich, born June 2, 1999. A Conciliation Conference was held on individuals in attendance: August 15, 2002, with the following The Mother, Joy A. Leidich, with her counsel, Thomas S. Diehl, Esquire; and the Father, Eric A. Leidich, with his counsel, Joseph P. Ruane, Esquire. The parties were previously before the conciliator in February of this year at which time the parties agreed to have a custody evaluation performed. The custody evaluation has been completed. The evaluation recommends that custody remain as it currently exists which is a shared physical custody arrangement. Father appears willing to accept the recommendation and continue under the status quo. Mother suggests there are some flaws with the evaluation, and Mother feels she should have primary physical custody of the minor child. At this point, Mother desires a court hearing. The conciliator recommends an order in the form as attached. ERIC A. LEIDICH, Plaintiff JOY A. LEIDICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - CUSTODY : NO. 2002-178 CIVIL TERM : : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between JOY A. LEIDICH, hereinafter referred to as "Mother" and ERIC A. LEIDICH, hereinafter referred to as "Father". WHEREAS, the parties are the natural parents of Kirsten N. Leidich, bom June 2, 1999; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as follows: 1. The Mother and Father shall have shared legal custody of the child. 2. Mother shall maintain primary physical custody of the child with periods of temporary physical custody belonging to Father on alternating weeks, from 6:00 p.m. Friday through 5:00 p.m. Monday. 3. Father shall have the option to enjoy partial physical custody of the child one weekday per week including the overnight so long as child is returned to daycare by 4:00 p.m. 4. Mother and Father shall enjoy two consecutive weeks each of custody of the child during the summer. 5. The parties shall share physical custody of the child during the holidays as the parties mutually agree. 6. Transportation of the child shall be equally shared 'by the parties. 7. The parties desire that the terms of this Stipulation and Agreement commence on Friday, September 13, 2002. 8. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 9. The parties shall not do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. 10. The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fhir and equitable, and that it is not the result of duress or undue influence. 14. Each party has had an oppommity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those ~e ~Dieh~, Esquir expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. ~ATE ' - E-~ic A. Leidich, Father Joseph R. Ruane, Esquire ERIC A. LEft)ICH, Plaintiff Vo JOY A. LEIDICH, Defendant · IN THE COURT OF COM]VION PLEAS OF iCUMBERLAND COUNTY, PENNSYLVANIA ·CIVIL ACTION _ CUSTODY ·NO. 2002-178 CIVIL TERM · /N CUSTODY ORDER OF COURT AND NOW, this _ 27 r~t day of _ /'4~, .~ ~/' t _~, 2003, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT,