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HomeMy WebLinkAbout01-3302MAXlNE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : : NO. CYRIL F. PIPAN, Defendant : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW COMES Plaintiff, Maxine D. Pipan, and petitions this Honorable Court as follows: 1. The padies ara the parents of two minor daughters, Alexandra, bom September 27, 1986, and Audrey, bom September 26, 1995. 2. Until Friday, May 25, 2001, the parties and both of the children resided together at 416 AIlendale Way, Camp Hill, PA 17011. 3. Plaintiff recently instituted a divorce action against Defendant docketed to No. 01-3132 and a copy of said Complaint was sewed on Defendant on May 25, 2001. 4. On May 25, 2001, Defendant left the marital residence and took Alexandra, the parties' 14 year old daughter and neither has retumed to the home since that date, except for a short stop at the residence to retrieve clothing for Alexandrs. 5. Defendant has refused to advise Plaintiff where he is residing and where Alexandre is residing. Defendant has refused Plaintiff access to Alexandra and Plaintiff is unaware of Alexandra's exact location. His general response to questions conceming Alexandra's whereabouts is that "she is with me". 6. Since May 25, 2001, Defendant advised Plaintiff that while he was working, Alexandra was with certain family members (patemal aunt; patemal grandparent) and keeps changing her location so that when Plaintiff contacts the family member that Alexandm is to be staying with, she is advised that the child is not there. 7. Defendant advised Plaintiff that he has legal counsel, but refuses to advise Plaintiff of the name of his attomey. 8. Plaintiff is concemed that Defendant will attempt to take custody of the parties' other daughter, Audrey. 9. Plaintiff has been the primary care giver for the children. 10. Simultaneous w~ the filing of this Petition, Plaintiff has filed Complaint for Custody and it is her desire that Alexandra be returned to her prima~y physical custody until custody can be resolved through the Courts. WHEREFORE, Plaintiff requests the Court to grant her pdmary physical custody of the parties' two children, Alexandm and Audrey, until further Order of Court or a headng on the issue of custody. Sandra L. Meilton, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATrORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Maxine D. Pipan, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein am made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Maxine D. Pipan MAXlNE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : ClVlLACTION - LAW V. : NO. ,O/- 3~o3 CYRIL F. PIPAN, : Defendant : IN CUSTODY RULE TO SHOW CAUSE AND NOW, this /,~a~' day of ~ , 2001, upon consideration of the Petition for Emergency Relief, a Rule is issued upon Defendant, Cyril F. Pipan, to show cause why Plaintiffs relief should not be granted. / O RULE RETURNABLE ~ ,/ ,,,~qN~l~.. RULE RETURNABLE JUNE 8, 2001, at 2:00 P.M. IN COURTROOM # 5 OF THE CUMBERLAND COUNTY COURTIIOUSE, CARLISLE, PENNSYLVANIA 17013. BY T~ VINVA'/A,~N3d · IN THE COURT OF COMMON PLEAS OF MAXINE D. PIPAN, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :NO. 01-3302 ¥. CYRIL F. PIPAN, :CIVIL ACTION - LAW Defendant :IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Becldey, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Cyril F. Pipan, in the above-captioned roarer. ~ ~ DATED: ~/{'~/q -~homas A. Beckley, Esqut - Of Counsel 212 North Third Street ~li'z~b~'th S. Beckley, le. squ ~ P.O. Box 11998 Harrisburg, Pennsylvania 17105 (71']) 233-7691 CERTIFICATE OF SERVICE I, Elizabeth S. Becldey, hereby certify that a l~u¢ and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Moilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 COMMONWEALTH OF PENNSYLVANIA SERVICE OF ,PROCESS COUNTY OF: DAUPI..ITN Pennsylvania State Constable /~. ~;. DEFENDANT: Michael P. Maugans ~, Sei'ved upon ~ t/,,~/~ ~ ~ 7,~^/' , by handing a copy of Describe Document(s): (Person to be Served) (Person ~lually ~erved) (Relationship) (Oale) (Time) (L~alion) For Landlord~enant complaints: Since none o~ the above found, se~ by posting a copy ol the complaint conspicuously on the premises on , at . M., (Date) (Time) at (Location) AOPC 624-95 (Print Name and Title) MAXINE D. PIPAIq : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA ¥. CYRIL F. PIPAN : 01-3302 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW, Monday, June ! 1, 2001 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. . the conciliator, at 214 Senate Avenue, Suite I0.5, Camp Hill, PA 17011 on Tuesday, July 17, 2001 at 11:00 a.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 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: /si Melissa P. C-reevy. . 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. 60 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 VINV!','IASNNBc] MAXlNE D. PIPAN, : IN THE COURT OF COMMON PLEAS PlairflJff .' CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. o~- CYRIL F. PIPAN, : Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Maxine D. Pipan, who resides at 416 Allendale Way, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Cyril F. Pipan, has not resided at the marital residence (416 Allendale Way, Camp Hill, PA 17011) and his current residence is unknown. 3. The parties have two minor children: Alexandra Pipan, bom September 27, 1986 and Audrey, bom September 26, 1995. Plaintiff seeks shared legal custody in the parties and primary physical custody of the children in her. Alexandra was bom out of wedlock and Audrey was bom during the parties' marriage. Currently, Audrey resides with Plaintiff at 416 Allendale Way, Camp Hill, Cumberland County, Pennsylvania, and the exact location where Alexandra resides is currently unknown. During the past five years, the children have resided with the following persons and at the following addresses: Plaintiff, Defendant 416 Allendale Way Until 5/25/01 and both children Camp Hill, PA 17011 Plaintiff and Audrey 416 Allendale Way From 5/25/01 Camp Hill, PA 17011 to the present Defendant and Alexandre Unknown address or From 5/25/01 Addresses to the present The mother of the children is Maxine D. Pipan, currently residing at 416 Allendale Way, Camp Hill, PA. She is married. The father of the children is Cyril F. Pipan, whose current residence is unknown. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the parties' daughter, Audrey. 5. The relationship of Defendant to the children is that of Father. The Defendant's current living arrangements are unknown to Plaintiff except that he is alleged to be residing with Alexandra. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary care giver for the children and can provide a more stable and nuturing environment for the children. 8. 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 ac'don. VVHEREFORE, Plaintiff requests the court to grant shared legal custody in the parties with primary physical custody of the children in her. Sa~dre L. Meil~n, Es~luire TUCKER ARENSBERG & SWARTZ 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ^'I-I'ORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Maxine D. Pipan, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Max~ne 5. Pipan Dated:. ~/~o///~ / 40217.1 F COMMON pLEAS N THE coU.R.T O pENNSYLVANtA MAxtNE D. ptPAN, :. ~UMBERLAND cOUNTY, pta'thrift 'CIVtL AcTtON' LAW v. :. tN CUSTODY CYRtL F. ptPAN, : NO. 01-3302 CiVil Term Defendant d of -* _, 2ool, pending resolution at a ~a~atody ~on.~ .... it is HEREBY ORDERED AND DECREED peel Ornery, upon ~pulati~ of the pe~u~, IM ORDER OF cOURT, that: egmed .upon AS AN %NTER -- ~--,- of inner WorKs Ior enother ooun I r ff the parties and their children to assist them in establishing appropriate lines of 2. Any non-cove equallY by the parties. _ L_,, ,.... follows: din the results of the counseling, ¢usto(iY sna, 3. Pen g - ' stod" of Aisxandra and AudreY. a. The parties shall share legal cu b. Father shall have primarY phySic, al custody of Alexandra. c. Mother shell have primary physical custody of Audrey. d. The children shell spend weekends together alternating the weekends between their parent's home. The alternating schedule shell begin with Mother having custody of both children on Friday, June 8, 2001 at 5:00 p.m. through Sunday, June 10, 2001 at 6:00 p.m. 4. This Order shall remain in effect until modified by the Court or by mutual agreement of the parties. MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW CYRIL F. PIPAN, .' IN CUSTODY Defendant : NO. 01-3302 Civil Term ANDNOW, this ~J~h dayof "~ ,2001,MaxineD. Pipan, Plaintiff (hereinafter referred to as "Mother"), together with her attorney, Sandra L. Meilton, and Cyril F. Pipan, Defendant (hereinafter referred to as "Father"), together with his attorney, Elizabeth Beckley, hereby inform your Honorable Court that they have reached an interim agreement with regard to the custody issues involving their minor children, Alexandra Pipan, bom September 27, 1986, and Audrey Pipan, born September 28, 1995, and do hereby stipulate as follows: 1. Deborah L. Salem, MHS, CAC of Inner Works (or another agreed upon counselor if Ms. Salem is not available) shall provide therapeutic family counseling to the parties and their children to assist them in establishing appropriate lines of communication and addressing custodial issues as they adse. 2. Any non-covered expenses incident to the counseling shall be shared equally by the parties. 3. Pending the results of the counseling, custody shall be as follows: a. The parties shall share legal custody of Alexandra and Audrey. b. Father shall have pdmary physical custody of Alexandra. c. Mother shall have pdmary physical custody of Audrey. d. The children shall spend weekends together alternating the weekends between their parent's home. The alternating schedule shall begin with Mother having custody of both children on Fdday, June 8, 2001 at 5:00 p.m. through Sunday, June 10, 2001 at 6:00 p.m. 4. This Order shall remain in effect until modified by the Court or by mutual agreement of the parties. Maxine D. Pi-pan : IN THE COURT OF coMMON pLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA MAXINE D. pIPAN, plaintiff : : NO. 01-3302 VS. : CIVIL ACTION - LAW : CusTODY CYRIl. F. pIPAN, Defendant 2001, upon is hereby ordered a~-,d ~4q day of . A~ID NOW, this ~., ~-oncitiation Summary r..--- . .,._ ~,achecl L;us~uuy -' consideration m u~= directed as follows; The parties, Maxine D. pipan and Cyril F. Pipan, shall have sba';- 1. ~' Alexandra P- Pipan, born September 27, 1986, and _. Each parent sha__ decisions affe~ir, g legal custody of their minor Children, ti have an equal right, to be · ., o,..o, born Septemb~, 26., 799_5~ue all major non-em~rge, n.?__ -e,,arding the,r Auarey w~. r?,..., . er arent, ~o m,,~, · · to all deolslo~m · ~ e ercised lol..tlY ,th the including, but S. each parent the Children's genera~l _w_~,b~,, ~ursuant to the te,,,,~ ..... but not limited health, education aha ~-~, .... pertaining to the Children including, entitled to all records and information of the Children and of or informatior,= such records medical, dental, religious or school records, the residence address · ereof, with the other parent · - - ,,--- same, or copies t.h ...... -able use to the ou other parent. To the extent one parent has possession of any · ,--, -°rent shall be required to .sn.are_ t;;c~rds and information oz t~hV;asonable time as to make mt~ arent. ' '1 have shared physical custod. P -. ,.-,'-~r and Father snal ~ ^udrev residing .... , ~-.,~,,~v. ~ne w~u~-~ .... =1" with Father anu ~ their mi2~or~;xandra residing pnma''' with Mother. 3: · k u Atexandra at Mother's hom.~ Mother shall have custody of Alexandra on Mondays and Thursdays from 3. - - - ,~-~. ~chool year, Father shall, P,~P;halI pick up the Child at F~-'-'. · "' 9'15 n m uunng u ~ ~~, ..~.,,, the summer, w~u,,,- 9;15 p.m. on tnes~ ....... .. esdavs and Friday from 4:00 p.n~. home. co,h~_r shal, have custody of. A_u_,d[e~Y~eoT~ne, Fa(her's Tuesday periods of c,, 9:15 p.m. until school starts. When scnou~, ' shall begin after school until 8:00 p.m. · n on alternating weekends· ~.-o ~h~ I have custody of. bo.th .C._?.cl~r.el, dauohters at such times a.~ R The pamuo ~;.._l .~- ,-,,~ ,",,stOOV WlU~ ~..;,. parent~ shall have additional peno~:~ u, ,,,~ - parties may agree. No. 01-3302 Civil Term 6. ~J~3~3~J~. The non-custodial parent shall have reasonable telephone contact with the Children when they are in the custody of the other parent. 7. J~L(~d~.s_. The parties shall share time with the Children on the following holidays to include: New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The parents shall arrange for the Children to see the non-custodial parent on each of the Children's birthdays for no less than two hours. 8. ~J~3J33~~. Each parent shall be entitled to one continuous week of custody with both Children for the purposes of taking a summer vacation each year. 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. Each parent shall ensure that other family members and/or third parties also comply with this provision during his or her periods of custody. 10. ~. The parties shall cooperate fully with the counseling services they are presently receiving at Inner Works by attending appointments regularly and making the Children available for the appointments as indicated by the Children's therapists. Any expenses incident to the counseling which are not reimbursed by insurance shall be shared equally by the parties. 1 1. This Order is entered by agreement of the parties. It is contemplated that it may be appropriate to change this Temporary Order following a period of counseling as the parties and their Children make the adjustments to the parties' separation. 12. The Custody Conciliation Conference shall reconvene at the office of the Conciliator, Melissa Peel Greevy, Esquire, 214 Senate Avenue, Suite 105, Camp Hill, Pennsylvania 17011, on Monday, October t5, 200t, at 11:00 a.m. Edward E. Guido, J. Dist: Elizabeth Beckley. Esquire, 212 N. Third Street, PO Box 11998, Har~sburg, PA 17108-1998 Sandre L. Meilton, Esquire. 111 N. Front Street, PO Box 889, Harrisburg. PA 17108-0889 JUL 3 MAXINE D. P/PAN, : IN THE COURT OF COMMON PLEAs OF Plaintiff : CUMBERLAND COUNTy, PENNSYLVANIA VS. · ' NO. 01-3302 CYRIL F. P/PAN, : : CIVIL ACTION _ LAW Defendant : CUSTODy 1915.3-8, the UnderS~port: iN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE litigation is as follows: The pertinent information concerning the Children who are the subject of this Alexandra p. P/Pan ~ Audrey M. P/Pan September 27, 1986 ~ September 26, 1995 Father Mother 2. The Part/es' first Custody Conciliation Conference was held on July 17, 2001, With the following individuals in attendance: the Mother, Max/ne D. P/pan, and her COunsel, Sandra L. Meilton, Esquire; the Father, Cydl F. P/Pan, and his counsel, Elizabeth Seckley, Esquire. 3. The Part/es reached an agreement for a Temporary Order in the form as attached. MAXINE D. PIlaAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN CUSTODY CYRIL F. PIPAN, : Defendant : NO. 01-3302 PETITION FOR LEAVE TO WITHDRAW AS DEFENDANT'S COUNSEL AND NOW comes Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, Of Counsel, and hereby petitions the Court for leave to withdraw as defendant's counsel, and in support thereof avers as follows: 1. In May, 2001, at the request of the Defendant to Elizabeth S. Beckley, Esquire, Beckley & Madden agreed to represent Defendant in the above-captioned matter. 2. Counsel undertook representation in the above-captioned matter based upon a written Retainer Agreement with Defendant, whereby Defendant would pay outstanding invoices on a monthly basis. 3. In early August, 2001, Elizabeth S. Bccklcy, Esqu!re, of Beckley & Madden, Sandra L. Meilton, Esquire, Plaintiff's counsel, and Debra Salem of Inner Works, the parties' family counselor participated in a conference call because Defendant walked out of a family counseling session. 4. Since that conference call, Elizabeth S. Beckley, Esquire, has tried to contact the Defendant numerous times both by telephone and by mail; however, the Defendant has failed and refused to respond to counsel. 5. The parties' custody conciliation conference date was rescheduled so Elizabeth S. Beckley, Esquire, sent the Defendant notice of the same. The Defendant returned the letter to Ms. Beckley unopened with writing on the envelope. A true and correct.copy of the envelope is attached hereto marked as Exhibit A and incorporated. 6. Elizabeth S. Beckley, Esquire, contacted the Custody Conciliator, Melissa G-reevy, Esquire, explained the situation and requested that she send notice of the new conciliation date directly to the Defendant. 7. Counsel for the Defendant is unable to communicate with the Defendant and therefore unable to effectively represent him in this matter. 8. Elizabeth S. Beckley, Esquire, contacted Sandra L. Meilton, Esquire, about counsels' desire to withdraw from this action and Ms. Meilton indicated that she did not have any objection. Wherefore, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, Of Counsel, respectfully request leave of Court to withdraw as Defendant's Counsel DATED: ~/~./~t Respectfully submitted, BEC~EY & ~DDEN ~o~ A. B~ey 212 No~ ~ird S~et P.O. Boxl1998 /' ' , ,' /' ,'. Ha~sburg, PA 17108 (~~ ~ 3ff~Z EXHIBIT A CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Meilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 Cyril F. Pipan 1124 Columbus Avenue Lemoyne, PA 17043 MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY CYRIL F. PIPAN, : Defendant : NO. 01-3302 AND NOW, this ~ day of.~, 2001, it is hereby ORDERED that the Petition for Leave to Withdraw as Defendant's Counsel is GRANTED. Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and the Law Firm of Beckley & Madden are hereby granted leave to withdraw as Defendant'~ .C.~el in this matter. "~' t MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY CYRIL F. PIPAN, : Defendant : NO. 01-3302 pp, AECIPE TO WITHDRAW TO: The Prothonotary Kindly withdraw the appearance of Thomas A. Beckley, Esq., Elizabeth S. Beckley, Esq. and the law firm of Beckley & Madden as counsel for the Defendant, Cyril F. Pipan, in accordance with the the attached Order granting leave to do so. DATED: ~t-,,2 ~-"~'/ ,submitted, Of Counsel ~ BECKLEY & MADDEN A. Beckley 212 North Third Street ~ Harrisburg, PA 17108 ~. ~ MAX]NE D. PI~AN, : ]iq THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : I/4 CUSTODY CYRIL F. PIPAN, : Defendant : NO. 01-3302 AND NOW, this ,~.(~ day of~, 2001, it is hereby ORDERED that the Petition for Leave to Withdraw as Defendant's Counsel is GRANTED. Thomas A. Beckley, Esquile, Elizabeth S. Beckley, Esquire, and the Law Firm of Beckley & Madden are hereby granted leave to withdraw as Defendant's Counsel in this CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Meilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 Cyril F. Pipan 1124 Columbus Avenue Lemoyne, PA 17043 DATED: Elizl~'eth S. Be~kiey MAXINE D. PIPAN : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 01-3302 CIVIL ACTION LAW CYRIL F. PIPAN DEFENDANT : IN CUSTODY AND NOW, Monday, November 26, 2001 . upon consideration of the atlached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Grsevy, E~q. , the conciliator, at 214 Senate Avenue, Suite 10S, Camp Hill, PA 17011 on Monday, Deeember 17, 2001 at 3:00 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 be accomplished, to define and narrow the issues to he 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 enlry 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/ Melissa P. Greevv. Esa., , .~c~ Custody Conciliator ' U 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 hefore the court. You must attend the scheduled confe~nce 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 17013 Telephone (717)249-3166 MAXlNE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . V. : NO. 01-3302 CIVIL ACTION - LAW CYRIL F. PIPAN, Defendant : IN CUSTODY PETITION FOR MODIFICATION 1. Plaintiff is Maxine D. Pipan, who resides at 416 Allendale Way, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Cydl F. Pipan, who resides at 1124 Columbus Avenue, Apartment 8, Lemoyne, Cumberland County, Pennsylvania. 3. The parties have two minor children: Alexandra Pipan, born September 27, 1986 and Audrey, bom September 26, 1995. 4. Plaintiff petitions this Honorable Court to modify the Temporary Order of Court entered on July 30, 2001 and seeks shared legal custody in the parties and primary physical custody of Audrey in her. 5. Plaintiff desires to move to the Chambersburg, Pennsylvania area with Audrey. WHEREFORE, Plaintiff requests the court to grant shared legal custody in the parties with primary physical custody of Audrey in her. "Sandm L. Meilton, (=squire TUCKER ARENSBERG & SWARTZ 111 N. Front St., P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Maxine D. Pipan, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Ma~ine D. Pipan Dated: .:, iT.c~ 44789.1 MAXlNE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA .. vs. : NO. 01-3302 : CYRIL F. PIPAN, JR., : CIVIL ACTION - LAW Defendant : CUSTODY AND NOW, this 20th day of December 2001, the Custody Conciliation Conference scheduled for December 20, 2001 on Plaintiff's Petition for Modification has been continued. The parties and their respective counsel appear before Melissa Peel Greevy, Esq., the conciliator, at 214 Senate Avenue Suite 105 Cemp Hill, PA 17011 on the 8th dey of April, 2002 at 9:15 a.m. for a Pre-hearing Custody Conference regarding the Petition for Modification and Plaintiff's plan to relocate. 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 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,~'"'~ '~Custody Conciliator~' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individual having business before the court, please comact 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 BE[OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associmion 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dist: Cyril F. Pipan, Jr. 1124 Columbus Ave Apt. Lemoyne, PA 17043 Sandra L. Meilton, Esq. P. O. Box 889 Harrisburg, PA 17108-0881t MAXlNE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01-3302 : CYRIL F. PIPAN, JR., : CIVIL ACTION - LAW Defendant : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE lg15.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandra P. Pipan September 27, 1986 Father Audrey M. Pipan September 26, 1995 Mother 2. A Custody Conciliation Conference was held on December 20, 2001, with the following individuals in attendance: the Mother, Maxine D. Pipan, and her counsel, Sandra L. Meilton, Esquire; the Father did not attend. 3. The Conference was scheduled upon Mother's Petition for Modification because she has plans to relocate to the Chambersburg area, which she intends to do following the completion of the 2001-2002 school year. 4. Counsel for Mother reports that she served the Defendant/Father with a copy of the Order scheduling the Conference by both regular and certified mail on December 9, 2001. Neither the regular mail letter or the certified mail green card has been returned to the office of Plaintiff's counsel. The address used for service is known to be the residential address of the Defendant/Father and is the location where Mother has, on occasion, gone to retrieve the Children for custodial visits or to speak with Father. Mother states that Father informed her that he did not intend to attend the Conference because he had to work. 5. The Conciliator met with the Plaintiff and her counsel for approximately one-half hour. During that time, the Father did not appear for the Conference nor did he contact the Conciliator's office. Therefore, the Conciliator will reschedule this Conference for April 8, 2002, at 9:15 a.m. Mother will, through counsel, serve Father with a letter proposing the move and a schedule for alternative custodial arrangements as a result of the move. It will then be up to Father to take action prior to the Conference or to appear at the Conference. In the event that Father does not attend, the Conciliator will recommend to the Court an Order No. 01-3302 - Civil Term permitting Mother to relocate with Audrey and adopting whatever reasonable schedule she would propose for an alternative custodial plan. Such proposal to be sent to Father shall be served upon him in such a way as is permissible by the Pennsylvania Rules of Civil Procedure to include certified restricted delivery mail, professional service by Sheriff or Constable, or publication if necessary. Date ~/('~7/~ ~ ~ Custody Conciliator Dist: Cyril F. Pipen. Jr., 1124 Columbus Avenue, Apt. 8, Lemoyne, PA 17043 Sandra L. Meilton, Esquire, PO Box 889, Han~sburg, PA !7108-0889 APR ~ 6 ~.00~' ~ IN THE COURT OF COMMON PLEAS OF MAXtNE D. pIpAN, cUMBERLAND cOUNt'Y, PENNSYLVANIA plaintiff : NO. 01-3302 CIVIL TERM : CIVIL ACTION - LAW V. ; iN CusTODY CYRIL F. ptpAN, JR., : Defendant ORDER OF cOURt' AND NOW, this ~ day of April, 2002, upon consideration of the attached Custody Conciliation summary Report, it is hereby ordered and directed as follows: · nd Maxine D. pipan, shall have .... -r,,~ ,~arties, Cyril F. Pipa.n a ,._.. ~entember 27, 1986 and t Le~la~' J"~_ ~,~,en Atexandra I~Pan uu,, -, r Audrey Pipan DOm o p 2. ~. Father shall have primary physical custody of Nexandra. Mother shall have primary physical custody of Audrey· 3. Mother shall be permitted to relocate to Chambersburg, Pennsylvania with ther to assure the daughter spends Audrey. The parties shall coo. pe.r_a,t~eA.Wiathnde~aht ~he non-cust°di, al..pa, rre~nrteis afforded 4. -.-.-,,-* of ouality time togeu~=, ....... ,.,,, nrimarv cuStoolal ~.~ · sufficient a.,v~ .... ~_ ~; .k+ar That ' not in nl~ u~ -~- r -- custodial periods with the uauu,,- ...... is · · 889 .~,,,..~,,m,P^ 17108-0889 - ~;"'"' ~ '"/'/~e/°~' L. Me,itOh, Esquire, PO Box .,~,,,, A~t. 8, Lemoyne, PA 17043 .~. ~'. Dist: San. d~ ~,. ~,, ~r 124 Co umbus Av,~,.e, Cyn ~'- r po,,, --., 1 MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. 01-3302 CIVIL TERM : v. : CIVIL ACTION - LAW CYRIL F. PIPAN, JR., iN CUSTODY : Defendant : CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME. DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Alexandra Pipan September 27, 1986 Father Audrey Pipan September 26, 1995 Mother 2. The parties were scheduled for a Custody Conciliation Conference to be held on April 8, 2002. However, prior to the conference, it appears that the parties reached an agreement with regard to the custody of their children. Therefore, the attached Order is recommended to the Court. The Conciliator was notified by counsel for mother that the parties have reached an agreement which was subsequently provided in writing to the Conciliator. After review, it appears that the parties have reached an agreement 3. An agreement in the form of an Order is a~ '~//~c5'/~-~ ~ ~ ("~ re -Melissa Peel Greev~, Esqui Date Custody Conciliator :157351