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Home My WebLink About05-2011 ,- NATHAN C. WOLF, ESQUIRE ATI'ORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATI'ORNEY FOR PLAINTIFF DIANE E. DAYTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO: 2005- f)O// Civil Term RONALD P. RILEY, Defendant COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Diane E. Dayton, by her attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1. Plaintiff is Diane E. Dayton (hereinafter "Mother"), in the above-captioned matter, who resides at 1556 Main Street, Lisbum, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Ronald P. Riley, an adult individual whose last known mailing address was 221 Keystone Drive, Apartment 5, Richmond, Kentucky 40475. 3. The parties are the natural parents of one minor child, namely: ~ Deserea Elizabeth Dayton Present Residence 1556 Main Street, Lisbum, Apt. A, Mechanicsburg, Pennsylvania Age 5 D.O.B.03/30/2000 4. Plaintiff and defendant are the natural parents of the child. 5. The child was born out of wedlock. 6. The child is presently in the custody of plaintiff and has resided with plaintiff since her birth. 7. The parties have never been married. 8. The mother of the child is currently single. 9. The marital status of the father of the child is unknown. 10. 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. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. 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. 13. The best interest and permanent welfare of the child will be served by grll11ting the relief requested herein because the defendant has never had a meaningful relationship with the child and has not seen the child since immediately following the child's birth. 14. Plaintiff has been the sole provider of support for the care and maintenance of the child since the child's birth. 15. Plaintiff petitioned this Honorable Court on or about November 22, 2004 for permission to change the name of the child from Deserea Elizabeth Ann Riley to Deserea Elizabeth Dayton, and said petition was granted by Order of Court dated February 1,2005. 16. Plaintitf was given permission by the Court on November 30, 2004, to provide notice of the petition for change of name to defendant by publication as Defendant's precise whereabouts are unknown. " 17. Plaintiff maintains a stable household and environment within which to raise the child. 18. Plaintiff is gainfully employed in Cumberland County and has sufficient means to care for the welfare of the child. WHEREFORE, for the reasons set forth herein, plaintiff, Diane E. Dayton, respectfully requests that the Gun enter an order confirming sole legal and physical custody of the child to the plaintiff. April n, 2005 VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. April ~ 2005 /--, / , / 1 ' ) -- , I , '1__ .." -~....,..,...9 ,./ r,.C" \ DIANE E. DAYT'ON J ~_. . t-,.;) ,~. <:? ,,' {_..'3 -n c.n "^ 0 -... :\:- :::1 - " ~ - r,l 7" - ......'-' -n ~ v, C.1 \.0 () ---- ---v -l-:'~ C-- -- R.) ~ ::;.. ,--;-1 ~ -C ~, {,j C) >-..) G. -,...\ "" u, 00 k':> . . . NATHAN C, WOLF, ESQUIRE ATTORNEY lD NO, 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF v. r) ~ C") : IN THE COURT OF COMMON PLEAScDF~'?, -,', : CUMBERLAND COUNTY, PENNSY,I;VAN~ : '~'^> !- - 7' : CIVIL ACTION - LAW ill DIANE E. DAYTON, Plaintiff RONALD P. RILEY, Defendant ; NO: 2005-J-C# Civil Term N -,-, OJ PETITION FOR LEAVE TO SERVE NOTICE BY PUBLICATION AND NOW comes the Plaintiff, Diane Elizabeth Dayton, by her anorney, Nathan C. Wolf, Esquire, and presents the following Petition, representing as follows: 1. The Petitioner is Diane Elizabeth Dayton, an adult individual residing at 1556 Main Street, Lisbum, Apt. A., Mechanicsburg, Pennsylvania, Cumberland County, Pennsylvania. 2. The Respondent is Ronald Riley, an adult individual whose last known mailing address was 221 Keystone Drive, Apartment 5, Richmond, Kentucky 40475. 3. The parties are the natural parents of one minor child, namely: Name Deserea Elizabeth Dayton Present Residence 1556 Main Street, Lisbum, Apt. A., Mechanicsburg, Pennsylvania },ge 5 D.O.B.03/30/2000 4. The child is presently the subject of a Custody Complaint filed April 19, 2005. 5. Petitioner has used the above-address successfully in the past, and she has no information as to the present whereabouts of Mr. Riley. . 6. Plaintiff petitioned this Honorable Court on or about November 22, 2004 for permission to change the name of the child from Deserea Elizabeth Ann Riley to Deserea Elizabeth Dayton, and said petition was granted by Order of Court dated February l, 2005. 7, Plaintiff was given permission by the Court on November 30, 2004 to provide notice of the petition for change of name to defendant by publication as Defendant's precise whereabouts are unknown. 8. Plaintiff is seeking permission from the Court to serve defendant with notice of the instant action via publication in the Lexington-Herald Leader, a newspaper of general circulation in the Richmond, Kentucky area. WHEREFORE, Petitioner asks this Honorable Court to grant leave to the Petitioner to provide notice by publication in a newspaper of general circulation in the Lexington- Herald, in :Madison County, Commonwealth of Kentucky, the county of Father's last known address. Dated: April 11--, 2005 submitted, il.than . Wolf, Esquire 37 S th Hanover Street ,suite 201 LCarlisle, PA 17013 Supreme Court l.D. No. 87380 (717) 241-4436 Attorney for Petitioner . VERIFICATION I, Nathan C Wolf, Esquire, depose and say that I am the attorney for Petitioner, and do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. ~4904, relating to unsworn falsification to authorities. APril~,2005 NATHAN C, WOLF, ESQUIRE A'ITORNEY lD NO, 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 A'ITORNEY FOR PLAINTIFF RECEIVED APR 192005.)\/ DIANE E. DAYTON, Plaintiff v. RONALD P. RILEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO: 2005- ;t'll Civil Term ORDER OF COURT r NOW, this ~ day of ~, 20~ in consideration of the attached Petition, it is hereby Ordered that Petitioner provide notice of the Complaint in Custody by publication in a newspaper of general circulation in Madison County, Commonwealth of Kentucky, the county of Father's last known address of 221 Keystone Drive, Apanment 5, Richmond, cky40475. / Distribution: Nathan C. Wolf, Esquire Counsel for Plaintiff ;::) {p O~:f.,D ,." ~ B\.4e court" ~ ,,' /1 c--=~ .1/ (~{- Edgar B. ayley, J. / A-Lk" . 2 S :8 Hd G I ~:ldV SDill - - -'------- , , DIANE E, DAYTON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-2011 CJVJL ACTION LAW RONALD p, RILEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wedne~day, AJ!!!I20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Conrthouse, Carlisle on Friday, AprH 29,2005 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference, At such conference, an clfort 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 pennanent order. The court hereby directs tbe parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 bours prior to scheduled hearing. FOR THE COURT. By: /s/ Huberr X. Gilrov, Esq. Custody Conciliator j' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ] 990, 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 bet(,re 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 ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET l.EGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7] 7) 249-3 ] 66 (SOt" h tff('!P VPlnrJ "JZf7.) rf c4?1/Pf1" If. ..-- ~ 4/dj 5(}!f' /1 k p'f I'{f'V_~ ~? p,; fJ It';' ("7 . ~ \ ~,n'l 1 "J {I\.... . t:'" j l ~ SGD'~ DIANE E. DAYTON, Plain tiff rr RECEIVED MAY 02lOO5tf1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA \ v CIVIL ACTION - LAW RONALD P. RILEY, Defendant NO. 05-2011 IN CUSTODY COURT ORDER AND NOW, this J&:!:-day of May, 2005 upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Diane E. Dayton, shall enjoy legal and physical custody of Deserea Elizabeth Dayton, born March 30, 2000. 2. The father, Robert P. Riley, shall not enjoy any periods of custody with the minor child unless said father initiates a petition with this Court seeking some type of visitation. 3. Counsel for the mother shall serve the father with a copy of this Order and the attached Custody Conciliation Report by mailing it to his last known address. ) /) BY THE COURT, I I I IccJ"'than C. Wolf, Esquire I I Judge Edgar B. Bayley "~ /~~s 03-01-05 ',- CC "'-;-, J_: l}lS::" ~:FS~: ~~iii title] r::: Ll_ o ~::> N \~-...l ~ Ii: _:t" ~..~., tr.") c~'" '~;:;;J c"" - . DIANE E. DAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RONALD P. RILEY, Defendant NO. 05-2011 IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF I PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following I report: I 11. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Deserea Elizabeth Dayton, born March 30, 2000. I I i 2. A Conciliation Conference was held on April 29, 2005, with the following individuals in attendance: The mother, Daine E. Dayton, with her counsel, Nathan C. Wolf, Esquire, the father was not present, he was served by publication. 13. Mother relates that the father has not seen the child since the child was about three I I and a half months old. I I I I 14. The Conciliator recommends an Order in the form as attached. L > /? / () J~ bATE I i ;1 /}/ ritz.,! Hubert X. Gilroy, Esqui~ Custody Conciliator I I DIANE E. DAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RONALD P. RILEY, Defendant NO. 05-2011 IN CUSTODY AMENDED COURT ORDER AND NOW, this \..0, day of ~it appearing that the prior Order entered in this matter incorrectly named the Defendant in the Order, the following Amended Order is entered: 1. The mother, Diane E. Dayton, shall enjoy legal and physical custody of Deserea Elizabeth Dayton, born March 30, 2000. 2. The father, Ronald P. Riley, shall not enjoy any periods of custody with the minor child unless said father initiates a petition with this Court seeking some type of visitation. 3. Counsel for the mother shall serve the father with a copy of this Order and the attached Custody Conciliation Report by mailing it to his last known address. BY THE CO~T, /~? / " ~~/ UM <// Judge Edgar,B. Bayley cc: Nathan C. Wolf, &quire - Gtir:.>; ?€J2,S;::>,J;/ tt'/ 9/ixA...'J / p)/os- ~ (") c;; ~.-. --'J.C": cl)f'- zc>~ V;)..!. r:~('': .~ - :~(~-~ >c -., ~ ,..., = ~ ~ c;'> - ~ ~~ :B, e ~qi X-n 0= t5?r\ "" ?Q -0 ::J: N ., ~ (.>