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HomeMy WebLinkAbout05-6698 ~ VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER ()f;-(~&'?f {2o~L T~ NICOLETIE B. RAJK, Plaintiff BLAIN D. HILEMAN, Defendant CUSTODY COMPLMNT FOR CUSTODY NOW COMES the Plaintiff, NICOLETIE B. RAJK, by her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is NICOLETIE B. RAJK, who currently resides at 4 West Beale Avenue, Apartment 3, Enola, County of Cumberland, Pennsylvania. 2. Defendant is BLAIN D. HILEMAN, who currently resides at 2251-A Orchard Road, Camp Hill, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical custody with respect to ALYSSA MARIE HILEMAN, born July 17, 2000. The child was born out of wedlock. The child is presently in the custody of Plaintiff, NICOLETIE B. RAJK. Since birth the child has resided with the following persons and at the following addresses: From birth until June, 2001, with both parents in Camp Hill, Pennsylvania; from June, 2001, until November, 2004, with both parents on Valley Road in Enola, Pennsylvania; from November, 2004, until September, 2005, with both parents at 4 West Beale Avenue, Apartment 3, Enola, Pennsylvania; from September, 2005, until the present with the Plaintiff at 4 West Beale Avenue, Apartment 3, Enola, Pennsyvlania. . The mother of the child is NICOLETIE B. RAJK, who currently resides at 4 West Beale Avenue, Apartment 3, Enola, Pennsylvania. She is single. The father of the child is BLAIN D. HILEMAN, who currently resides at 2251-A Orchard Road, Camp Hill, Pennsylvania. He is single. 4. The relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the child, and with her boyfriend, Christopher L. Fisher. 5. The relationship of the Defendant to the child is that of father. He currently resides alone. 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by confirming custody in Plaintiff because Plaintiff can better care for the child and Plaintiff has been the primal}' caregiver for the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court enter an Order confirming custody in Plaintiff. Respectfully submitted, dz~ ;-g, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. 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. 'oJ cJ - j. -( -n:l DATE 1D".x nt. M.r 6. eo K\ NICOLETIE B. RAJK ZJ - (J ~ ~ --- ..() --:z ~ ?--> \l '?J ~ -tQ.. ~ --- 8 -u K :e ,~ C) r_'; ...., ~;~ c::-) ,,-;-, C') "" N o 'n .,4 -'11 ~;,~ .,':.1"-- - .:~~, I}:~ 9 ~.,-~ -" ::';,~ ?'~ .~; ~ - ., f".) (.0 .. NICOLETTE B. RAJK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-6698 CIVIL ACTION LAW BLAIN D. HILEMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. . Tuesday, January 03, 2006 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at_I\!I[)Jl\1a~I~:ve's,_!.~~I State St., Camp Hill, P A 17011 on__!hursday, January 26, 2006 . the conciliator, at 1:00 PM -"~ for a Pre-Hearing Custody Conference. At such confercncc, an effort will be made to rcsolve the issucs in dispute; or if this cannot bc accomplished. to dellne and narrow the issues to be beard by the court, and to enter into a temporary order. All children agc 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 tbe conciliator 48 bours prior to scheduled hearin~. FOR THE COURT. By: /s/ Melissa P. Greevy, 1~,~ Custody Conciliator - 1" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about acccssible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our omce. All arrangements must be made at least 72 hours prior to any hearing or business bef(lfc 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 HORNEY 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 Associatllol1 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '~Qrj~71~LV ~.JQO ~f?/tii 1r1tf (?f- 7~ l~LV /-',(0(/ ~~Ip3D - -)'v j,s / I 1'1 :! Ill', :'- ;I'rl~ o"nl ~"L , .'<~ ~1 I" JIJU '. " . !J Plaintiff l[: \1 :; ?,'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6698 CIVIL TERM NICOLETTE B. RAJK v. CIVIL ACTION - LAW BLAIN D. HILEMAN IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1.1\6. day of ~ e.\:Ir'IA"~ ' 2006, upon consideration of the attached Custody Conciliation Summary Report, it \s hereby ordered and directed as follows: 1. Leqal Custody. The parties, Nicolette B. Rajk and Blain D. Hileman shall have shared legal custody of the minor child, Alyssa Marie Hileman, born July 17, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phvsical Custodv. Mother shall primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Each Wednesday from 3:30 p.m. to 8:00 p.m. B. Each weekend from Friday at 3:30 p.m. until Sunday at 2:00 p.m. C. At such other times as the parties may agree. D. Notwithstanding paragraph 2(B) above, upon two (2) weeks' notice from Mother to Father, Mother shall have custody from between 7:00 and 8:00 p.m. on Friday night until 11 :00 a.m. Saturday to occur one (1) time per month. 3. Relocation. Neither party may relocate at a distance greater than thirty (30) miles from the other parent or a distance that would cause them to have to make a change in the existing custodial schedule in the absence of thirty (30) days written notice to the . 1 ... NO. 05-6698 CIVIL TERM other party. The following information, if available, must be included with the notice of the proposed relocation: (a) the address of the intended new residence; (b) the mailing address, if not the same as the address of the intended new residence; (c) the home telephone number of the intended new residence; (d) name of the new school district and school; (e) the date of the proposed relocation; (f) the reasons for the proposed relocation; (g) a proposal for a revised custody or visitation schedule. If any of the information set forth above is not known when notice is sent but is later made known to the party proposing the relocation, then that party shall promptly inform the other parent as the information becomes available to them. In the event the non-relocating party does not file an objection with the Court opposing the relocation within thirty (30) days after receipt of the notice, that party shall be foreclosed from objecting to the relocation. However, it is expected that, in part, the purpose of the thirty (30) day notice provision of this paragraph is to allow the parties an opportunity to renegotiate the custodial schedule without the necessity of court intervention. 4. schedule. Holidays. The attached holiday schedule shall supercede the regular 5. Vacation. Each parent shall be entitled to one week of vacation each year. The parties shall provide each other with at least a two (2) week notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to ihe other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. For purposes of this paragraph one week shall be defined as eight (8) consecutive days. 6. The parties may vary from the terms of this Order by their mutual agreement. However, in the event that the parties do not agree, the terms of this Order shall control. BY THE COURT: J. Dist: Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg. PA 17111 John M. Shugars. Esquire. 2132 Market Street, Camp Hill, PA 17011 ~ ,~ d.OJ.()(., LJ-- },J. 02 :7v i.!,1 ?- '11-1 f;r,nZ I,'. c.. \,'~-' J",U" / . . Plaintiff i _^ \) '.'; LL:'j 1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6698 CIVIL TERM NICOLETTE B. RAJK v. CIVIL ACTION - LAW BLAIN D. HILEMAN 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: DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NAME Alyssa Marie Hileman July 17, 2000 Mother 2. Mother filed a Complaint for Custody on December 22, 2005. A Custody Conciliation Conference was held on January 26, 2006 with the following individuals in attendance: the Mother, Nicolette B . Rajk, and her counsel, Charles E. Petrie, Esquire; the Father, Blain D. Hileman, and his counsel, John M. Shugars, Esquire. 3. The parties reached an agreement in the f in lop Date :267750 i 1:~~J..:'.J1. v ~~ I , S E P 1 8 2006 lEY: M</ NICOLETTE B. RAJK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6698 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. BLAIN D. HILEMAN, Defendant Ebert, J. - - ORDER OF COURT AND NOW, this ~\ ~ day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of February 2, 2006 shall remain in full force and effect, pending hearing or an agreement of the parties. 2. A hearing is scheduled in Courtroom Number 5 of the Cumberland County Courthouse, on the olq'tf-. day of l.f)t' ~ ,2006, at J .' &b o'clock -P .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, n~ ~ ' shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: ~'t M. L. Ebert, J. Dist: ~ell C. Dethlefs, Esquire, 2132 Market Street. Camp Hill, PA 17011 }l1Colette B. Rajk, 29 Cheyenne Court, Windsor, PA 17366 ViN~li\-!'\SNN3d I 1 N,r.r" " ,"'" ....,~.^.lnl"l A..l,. q :~"r. .,~ .-::' ;J~~.~~t<l~ vi tJ L 2 :01 WV 22 d3S 900l Al:N10NOHIOOd 3Hl ::iO 30!:L.n-G31I:l j T'"", ~ ,.....-..~,...,...... ..,.........--.T'~ ... '-~""-' :./,.{' , ,___....-' ../' J "'/. ":'"".. ~ Plaintiff SEP 1 8 2006 ~rt~~t.~~,~_ -~ ,'~ ceo '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6698 CIVIL TERM -. NICOLETTE B. RAJK, v. CIVIL ACTION - LAW BLAIN D. HILEMAN, 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 DA TE OF BIRTH CURRENTLY IN THE CUSTODY OF Alyssa Marie Hileman July 17, 2000 Mother 2. Father filed a Complaint for Custody on July 25, 2006. This Complaint was docketed to No. 06-4219. The Complaint at that Docket No. will be dismissed and consolidated with the matter at 05-6698. Father's Complaint will be treated as a Petition for Modification of the previous Order, about which he apparently did not inform his new counsel. A Custody Conciliation Conference was scheduled for September 8, 2006. Present for the conference were: the Father, Blain D. Hileman, and his counsel, Darrell C. Dethlefs, Esquire; the Mother, Nicolette B. Rajk, participated pro se. 3. Father's position on custody is as follows: Father filed a Complaint for Custody on July 25, 2006. Father is employed at the Flying J Truck Stop and resides in Camp Hill. He works first shift, full time, and reports that he has been doing "a lot of 'doubles'," The parties separated in October, 2005. Father seeks primary custody of the child. Father objects to Mother's relocation to York County, which occurred on August 1, 2006. He believes that she is about to have a Sheriff's Sale of all of her property and is concerned that if that is the case, then she is not able to support the child financially. Additionally, Father reports that the child had twenty days of unexcused absences, about which he had received calls from the school because they could not reach the mother. He reports that at times the child had no lunch, no lunch money, and was overdue on advancements the school had made on her lunch account. When he was contacted by the school in this regard, he arranged for his father to provide money for the child's lunch account. Father reports that the maternal grandmother had informed him that Mother was arrested in front of the child for truancy. Father seeks to reverse the present schedule such that he has primary custody and Mother has present periods of partial custody. .-. NO. 05-6698 CIVIL TERM Father denies Mother's allegations regarding drinking beer during his periods of custody, and driving with the child. He acknowledges that he has not been consistent in the following the informal child support arrangement which the parties have negotiated. However, he reports that when he works extra hours, he has tried to catch up on the plan that he and Mother created. 4. Mother's position on custody is as follows: Mother reports that she moved from Enola to York County on August 1, 2006. The child is presently enrolled in Candaochly in Eastern York County School District. Despite her multiple absences, Mother reports that the child did pass school last year and is enrolled in first grade. Mother acknowledges that she had excessive absences last year and that the District Justice was able to get through to her on this matter. She denies that she was arrested in front of the child. Rather, she reports that the Sheriff had her come outside and out of the view of the child in order to effect the arrest. Mother reports that the child was sick for two weeks in March with bronchitis and pink eye and that two weeks of her unexcused absences were the result of her failure to timely turn in the doctor's excuse related to these illnesses. She reports that she was fined a few hundred dollars for the truancy and is on a payment plan with the District Justice in this regard. She claims she is current on the payment plan. Mother further claims that five of the absences occurred before the parties separated. With regard to the problem with the child having lunch available, Mother reports that it is mostly her fault. She also responds that Father did not provide support at times. However, she received $300.00 from Father at another time. With regard to the Sheriff's Sale, Mother reports that she doesn't know when it will occur, but that it is pending. She expects that her personal property will be sold due to a suit filed by her own mother for her default on a loan which she reports was a debt incurred during a period of time when she became unemployed due to illness during her present pregnancy. Mother is pregnant and due October 2,2006. The baby that she is expecting is to another man with whom she has been residing since October, 2005. Mother reports that she resides with Theresa and Rick Fisher, the parents of her boyfriend, Christopher Fisher. She is employed part-time at Wendy's. After the birth of her baby, Mother is hoping to have full-time employment. Mother reports that the distance between her Enola residence and her present residence in Windsor, PA is about 39 miles. Mother reports that she gave Father verbal notice of her intent to move at the end of June, 2006. -, NO. 05-6698 CIVIL TERM Mother reports that Father has not been consistent in exercIsIng his periods of custody due to transportation issues and his work schedule. Mother reports that she and Father made a plan for a mid-point custodial exchange but that has not worked out. Mother further reports that the child told her that Father was drinking beer during his periods of custody, as recently as August 23, 2006. She reports that she had expected him to return the child at the end of this period of custody, but that he later called her and asked that she pick up the child because he had been drinking beer. She claims that when she arrived that Father was not home, but arrived shortly thereafter with the child in his vehicle, and a new six pack of beer. Father denies most of these allegations. 5. The Conciliator has serious concerns about Mother's ability to provide for the minor child, which will only be challenged further upon the birth of a sibling due in early October, 2006. The issue of great concern is school truancy, but more importantly, her ability to literally feed the child. Mother continues to be economically dependent upon her boyfriend and his parents for her own support. It is also of concern that Father has been inconsistent with providing the economic support to Mother so that there would be lunches, particularly, when there seems that there may have been sufficient money in Father's household to purchase beer. 6. Because the parties were not able to reach an agreement regarding the modification and schedule and Father's Petition for Primary Custody, a hearing is necessary . D~}+tQY :283105 Plaintiff Ii R~~~~:::D 1.1 BY: JJ2i/- _ _----- __J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4219 CIVIL TERM CIVIL ACTION - LAW BLAIN D. HILEMAN, v. NICOLETTE B. RAJK, Defendant IN CUSTODY No. D6-LR~qrl Civi lle;.m / ORDER OF COURT AND NOW, this ~ day of September, 2006, the Court takes judicial notice of the prior action filed in this matter at 05-6698 in which Mother is the Plaintiff and Father is the Defendant. Accordingly, the Complaint for Custody filed at No. 06-4219 Civil Term shall be treated as a Petition for Modification of the prior Order of February 2, 2006, at No. 05-6698 Civil Term. Further pleadings in this matter should be filed to No. 05-6698 Civil Term. The Complaint at No. 06-4219 Civil Term is consolidated therein. BY THE COURT: Dist: '4 M tiE-lilA, rRUE copy FRO ""OsettftY_l~ . ~I' hereu." \ft T..~ nDIV 01 \d Court at CIIIIIB. PI.. ........ Ill~. .. ~... ~ ~f';: {'b ~;-\ /~ ~ ,~ V~f;C OX # x' cJP R ~ rjlf,), ~)tp' ~:{j NICOLETTE B. RAJK Plaintiff/Respondent: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BLAIN D. HILEMAN, Defendant/Petitioner: CIVIL ACTION - LAW NO. 05-6698 CIVIL TERM IN RE: MOTION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 29th day of November, 2006, after hearing in the above-captioned matter on the Petitioner's Motion to Modify Custody, the motion is denied. By the Court, ~'t. ~ M. L. Ebert, Jr., J. Acolette Rajk 29 Cheyenne Court Windsor, PA 17366 ViNVt\'V'sNN3d I Il\lnr{', ,":,.!'ri')-j:1grAln.... 1\.JJ'i1 ~~,_.,...!- ~, ''__'...> ._.. V~. v o Z :B WV OS ^ON 9UOZ AlN10NOHlOOd 3H1 :JO 301:J:lO-C131B NICOLETTE B. RAJK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6698 CIVIL V. BLAIN D. HILEMAN DEFENDANT CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 29th day of November, 2006, after hearing, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. Leaal Custody: The parties, Nicolette B. Rajk and Blain D. Hileman shall have shared legal custody of the minor child, Alyssa Marie Hileman, born July 17, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody subject to Father's rights of partial custody which will be arranged as follows: A. Each Wednesday from 4:30 p.m. to 8:00 p.m. B. Each weekend from Friday at 4:30 p.m. until Sunday at 2:00 p.m. C. At such other times as the parties may agree. D. Notwithstanding paragraph 2 (B) above, upon two (2) weeks' notice From Mother to Father, Mother shall have custody from between 7:00 and 8:00 p.m. on Friday night until 11 :00 a.m. Saturday to occur one (1) time per month. E. All exchanges of custody shall take place at the Rutter's Store in Newberrytown. 3. Holidavs: The attached holiday schedule shall supercede the regular schedule. 4. Vacation: Each parent shall be entitled to one week of vacation each year. The parties shall provide each other with at least a two (2) week notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. For purposes of this paragraph one week shall be defined as eight (8) consecutive days. 5. Visitation with Grandparents: Mother shall cooperate with and provide adequate visitation of the child with all Grandparents. 6. The parties may vary from the terms of this Order by their mutual agreement. However, in the event that the parties do not agree, the terms of this Order shall control. By the Court, ~l M. L. Ebert, Jr., J. bas VlNVAlASNN3d i f f\~hlrl: rn I',:{l,~,-r~ql.^' fY'\ ^-Ll,l . '~_";~. ' ",,;~_"~Ir l. Iv 90 :6 WV 08 AON 900Z AH'v'lONO'r-UOCd 3H1 :!O 30l::Ho-G311:J . ... HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father I hoiiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 151 Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2nd Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 151 Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :260890