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Home My WebLink About05-0496 MONICA A. POTONIEC, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 05'4q~ CIVILTERM RICHARD J. NEWTON, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Monica A. Potoniec, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. I. The Plaintiff, Monica A. Potoniec, is an adult individual with an address of 195 Konhaus Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Richard J. Newton, is an adult individual with an address of 156 South Poplar Court, Manchester, York County, Pennsylvania 17345. 3. The parties are the natural parents of one (1) child, namely, Octavia D. Potoniec, born July 18,2004. 4. The Plaintiff desires primary legal and physical custody of the minor child, Octavia D. Potoniec. 3 5. The Defendant would see the minor child at times agreed to by the parties. Since the Defendant uses illegal drugs, the Defendant must submit to drug testing in order to spend time with the minor child, Octavia D. Potoniec. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff s request as set forth above. WHEREFORE, the Plaintiff, Monica A. Potoniec, respectfully requests that she be awarded primary legal and physical custody of the minor child, Octavia D. Potoniec, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, IRWIN & By: - 222 Date: January 25, 2005 4 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. , ~ ,.~~, \(C.lv~,y- t:\r~\~j\~ MONICA A. POTONIEC I_"r_,,( Date: \ ., ....~ v., ,--' 0 r;:? -- c'~ ~.\ ~ ,:,)'", ._A --- <-- :C...., ,;:~,,, \'\"'\r-::': ~ ....,'.- " ~- 4":J(('\ ~ I" :"J1: ~ cP ~'~\ ~'?i ~ -0 -..,...-,' 't, (,\_;c-"" ::;.r;. :~,)- () ~ r;? ()rn ~, '-. '0 '~~1. ~> (J'l '" ~ ...0 ~ >:" ~ ~ ~ - ------ MONICA A. POTONIEC PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-496 CIVIL ACTION LAW RICHARD J. NEWTON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 02, 2005 , 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 ~_"__T_hursday, March 03, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will bc made to rcsolve the issues in dispute; or if this cannot be accomplished, to detlnc and narrow the issues to be heard by thc court, and to enter into a temporary order. All children age tlve or older mav also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent 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 p,rior to scheduled hearing. FOR THE COURT. By: Isl Hubert X Gilrov, Esq. Custody Conciliator y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonJlation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, plea~'e 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 HA VE AN A TTORNEY 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 .~~-ff.~~~ -#r<J ~ ~fI, ~;JW ~7 ~ ~r?J lp\;('(-,'- ';r,() 1'.-1.-1 ',' ',..' ~ L i] :8 lId 2- 833 ~LDZ p-c-e 57- (' L SO-Cl dC) . MONIKA A. POTONIEC, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-496 CIVIL ACTION - LAW RICHARD J. NEWTON, DEFENDANT IN CUSTODY DEFENDANT'S PRELIMINARY OBJEC1'ION TO VENUE PURSUANT TO PA.R.C.P. 1915.5(a) AND NOW, comes the Defendant, Richard 1. Newton, by and through his attorneys, Nealon Gover & Perry, who files the following objections to venue for this custody action pursuant to Rule 19l5.5(a) of the Pennsylvania Rules ofCivjl Procedure and avers the following: 1. The plaintiff filed a Complaint for Custody regarding the subject child, Octavia D. Potoniec, with this Honorable Court of January 26, 2005. 2. The subject child, Octavia D. Potoniec was born July 18,2004, in York County, Pennsylvania. 3. Said child lived in Manchester, York County, Pennsylvania, from the date of her birth until December 2004. 4. Said child and plaintiff currently reside in Mechanicsburg, Cumberland County, Pennsylvania. 5. The Defendant objects to venue residing in Cumberland County and contends this matter should be transferred to York County for the following reasons: a. Said child has lived in York County for a majority of her young life and her removal from York County was effectuated by the plaintiff in this matter; 4 b. It is within the best interest of the child that this matter be transferred to York County as her father and paternal grandparents reside in York County; c. Said child's present and/or future care, protection, training and personal relationships would be best served in York County; and d. Plaintiff is not a U.S. Citizen and therefore has no ties to Cumberland County. 6. Further, York County is the appropriate court to hear this matter in light ofthe parties' ties to York County and the fact that the Plaintiff has filed for Support in York County. WHEREFORE, for the foregoing reasons, the Defendant, Richard J. Newton, respectfully prays upon this Honorable Court to transfer this matter to the Prothonotary of York County for disposition by the York County Court of Common Pleas. Respectfully submitted, NEALON GOVER & PERRY Date: .5 i.}()()S-- I By: J Z~~_ 4- T. Korey 18 ie, EsqUIre 1.0. #: 90866 2411 North Front Street Harrisburg, P A 17110 717/232-9900 ATTORNEY VERIFICATION I, T. Korey Leslie, Esquire, on behalf of Richard J. Newton verify that the statements made in the foregoing Preliminary Objections to Venue are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S.A. ~4904 relating to unsworn falsification to authorities. Date: f~~Q(;J- -/ ~ -ct:s-- T. Korey L ., Esquire CERTIFICATE OF SERVICE AND NOW, this 1st day of March, 2005, I hereby certifY that I have served the foregoing Preliminary Objections to Venue on the following via U.S. Mail: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3222 Monika A. Potoniec 195 Konhaus Road Mechanicsburg, P A 17050 ~ T. r Leslie, Esquire 1.D. #90866 2411 North Front Street Harrisburg, P A 1711 0 (717) 232-9900 n c ......, ~:g ;;;:.1.1 :J1: );". ::;0 IJ :::i: u .,., --~ -:-r -n ("11 r~'~ -n':!.l -Ul( r.) .~. '-- j ~,...' L:;; '-.-; {\ "'''i. I ~-f I I '\~1 .-Z,. t;~' " - , '. MONIKA A. POTONIEC, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD J. NEWTON, DEFENDANT 05-496 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of March, 2005, a hearing on the within petition by Richard J. Newton seeking a change of venue shall be conducted at in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:00 p.m., Thursday, March 17,2005. The conciliation conference now scheduled for March 3, 2005, IS CANCELLED. ~s A. McKnight, III, Esquire For Plaintiff / ,.X'Korey Leslie, Esquire For Defendant fi~ert X. Gilroy, Esquire Custody Conciliator ( By the Court, / .> :sal c::) ("~j. ,- ':..~ c..., " ~.r.> (,:::., (.:'~ C'~ MONIKA A. POTONIEC, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-496 CIVIL ACTION - LAW RICHARD J. NEWTON, DEFENDANT IN CUSTODY PRAECIPE TO WITHDRAW DEFENDANT'S PRELIMINARY OBJECTION TO VENUE To the Prothonotary: Please be advised that the Defendant, Richard J. Newton, wishes to withdraw his preliminary objections to venue filed with your office on March 1,2005. By filing of this Praecipe, the hearing scheduled for March 17,2005, at 3:00 p.m., before the Honorable Edgar B. Bayley is no longer necessary. Respectfully submitted, NEALON GOVER & PERRY Date: J)7k'- I I ./ By: ==-I - c- T. Korey Le . , Esquire l.D. #: 908 2411 North Front Street Harrisburg, P A 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 17th day of March, 2005, I hereby certify that I have served the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S PRELIMINARY OBJECTIONS TO VENUE on the following by hand delivery to: The Honorable Edgar B. Bayley Cumberland County Courthouse Carlisle, P A On the following via U.S. Mail: Joseph D. Caraciolo, Esq. 2108 Market Street, Aztec Building Camp Hill, PA 17011 ~ T. Ko Leslie, Esquire LD. #90866 2411 North Front Street Harrisburg, P A 17110 (717) 232-9900 i iMONIKA A. POTONIEC, IN THE COURT OF CO ON PLEAS OF I Plaintiff CUMBERLAND COUNTY, ENNSYLVANIA v. NO. 05-496 CIVIL A ION - LAW RICHARD J. NEWTON, Defendant IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Marcus A. Mc ight, Esquire, in the above-captioned action. Date:~t, '?oO~:(" PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Joseph D. Caraci 10, Esquire, in the above-captioned action. /I Date:O yl(lo;- Gg eph D. araciolo, E ~08 Market Street, Az amp Hill, Pennsylvani D# 90919 Tel. (717) quire ec Building 17011-4706 763-1800 -'"'t1iJ' (i)\.\. g ~ 'Ef~ :;t:. ~ ('.:I r-:> .:,,- <.:7- (.:~: ::-~;, ~,::::: . ~r- ;;"~-7::~ 7~~ q, -' :r;..,.-, ti'\~ ""01-; -CO --~~9~ :-:~"(:) /_'('it ) .' -0 ~ ;;3 .' "C :/- ~ ",,0 SE.P 0 5 ZOO~ MONICA A. POTONIEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.05-4% CIVIL ACTION - LAW RICHARD J. NEWTON, Defendant IN CUSTODY ORDER ",""- AND NOW, this $:'" day of September, 2006, the above ease being previously assigned to the Coneiliator and there being no aetivity on this ease for a period of six months or more, the Coneiliator relinquishes jurisdietion. Hubert X. Gilroy, squire Custody Coneilia or i i I \ \ i i I i I I i I I j i , I V1NV'/\-V3'\\\N3d i I i\lr'\\~-' (',1.1.,"1 ''Y''M'''' ,,\..1..1 it' ,.'_,' .'-,.' _,h'__,";:II:\ IV 90: \ Ill\! 9- d3S quaz I \ I 1 l""l'" ...' ,., I -,.'":\O I,ti'l'. Ui\i.)tt;..u~:.K..l :lnJ.. j},"}(I-CFllU