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HomeMy WebLinkAbout02-1860CAROLINE A. DZIECIOL, Plaintiff Vo SHAWN M. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. ~ - laO(~.~ CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODy Plaintiff is Caroline A. Dzieciol, an adult individual currently residing at 10335 Antrim Church Road, Greencastle, Franklin County, Pennsylvania. Defendant is Shawn M. Hill, an adult individual currently residing at 810 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. The parties are the natural parents of one (1) child, namely, Owen Michel Hill, bom September 24, 2001. The child was bom out of wedlock. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Plaintiff Defendant Janet Bosak Tony Bosak Sara Dzieciol 810 Petersburg Road Carlisle, PA 17013 Birth to February 28, 2002 Plaintiff Paul S. Dzieciol Lou Ann Heinbaugh Paul T. Dzieciol 17335 Antrim Church Road Greencastle, PA 17225 February 28, 2002, to Present a) b) The natural mother of the child is Caroline A. Dzieciol who resides as aforesaid. She is single. The natural father of the child is Shawn M. Hill who resides as aforesaid. He is single. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with her father, Paul S. Dzieciol, her father's fiancee, Lou Ann Heinbaugh, her half-brother, Paul T. Dzieciol, and the child at issue. The relationship of the Defendant to the child is that of natural father. Defendant currently resides with Plaintiff's mother and father, Janet and Tony Bosak, and Plaintiff's sister, Sara Dzieciol. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. It is in the best interest and permanent welfare of the child to grant the relief requested because: Plaintiff is the primary care taker for the child; Plaintiff has the ability and desire to provide for the financial, physical, and emotional needs of the child; c) Defendant is a fit parent and can provide care at times when he is available; d) Plaintiff and Defendant have not been able to agree on an appropriate custody arrangement. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation fights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the child. Respectfully submitted, Maryl~l~tas, EsquiYe Attorney far~laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE: CAROLINE A. DZIECIOL : PLAINTIFF : V. SHAWN M. I-~LL DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1860 CIVIL ACTION LAW IN CUSTODY AND NOW, Monday, April 22, 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 Thursday, May 16, 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. Gilroy. Esq. c~'- 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, 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 SAIDIS SHUFF, FLOWER & LINDSAY ATroRNEYS*AT*LAW 26 W. High Street Carlisle, PA CAROLINE A. DZIECIOL, Plaintiff SHAWN M. HILL, VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1860 ClVlL TERM IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, SHAWN M. HILL, in the above captioned case. Date: ~-/?, O ?~ Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: ~ John~. Kopeck, Esquir~'/ ID ~(j,58147 26 West High Street Cadisle, PA 17013 (717) 243-6222 CAROLINE A. DZIECIOL, Plaintiff VS. SHAWN M. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-1860 CIVIL TERM : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 16~ day of May, 2002, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states that she mailed a certified and true copy of a Complaint for Custody to Defendant, Shawn M. Hill, at his address of 810 Petersburg Road, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on May 2, 2002. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscribed to before me this //e d; day of ~ ,2002. NO~FARY ~LIC Robin J. Go~'~, NolmY ~ I My Core. Ion Exp~. Apr. 17,C~ I 2. ,ArUcle Number Y addrees different from item 1 ? f'lyes If YES, entel delivery address below: [] No I"1 EXI:~'~ Mail [] Return Receipt for Memhandise r~ Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) _~Yes PS Form 3811, August 2001 Domestic Return Receipt 102595-01 -M-O381 JUN 3. 9 2002' CAROLINE A. DZIECIOL, Plaintiff SHAWN M. HILL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1860 CIVIL IN CUSTODY CO~TO~ER AND NOW, this ~ ct{ day of Jame,~ 2002, upon comideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. ~ of the Cumberland County Courthouse on the ~gn~c day of (~)~to~.~ ,2002 at /~.M. at which time testimony will be taken in the above case. At this hearing, the Mother shall be the moving party and shall proc~d 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 party's position on these issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed with the court at least 5 days prior to the mentioned hearing date. e Pending further Order of this Court, the following temporary custody order is entered: The Father, Shawn M. Hill, and the Mother, Caroline A. Dzieciol, shall enjoy shared legal and shared physical custody of Owen Michel Hill, born September 24, 2001. Physical custody shall be handled on weekdays such that Mother shall have custody during the week with the understanding that Mother shall deliver custody of the minor child to Father on her way to work at approximately 3:00 p.m. and pick the minor child up after work at approximately 10:30 p.m. or whenever she is off work. CC: Ce Weekends shall be handled such that Father ha.~ custody of the minor child on every Friday from when the Mother drops the child off at 3:00 p.m. for the entire weekend until Sunday evening at 10:00 p.m., except for two alternating weekends per month when Mother may pick the child up on Saturday evening at 10:00 p.m. after work and shall have custody until Monday when she shall deliver the child to Father on her way to work on Monday at 3:00 p.m. Marylou Matas, Esquire Johnna J. Kopecky, Esquire B CAROLINE A. DZIECIOL, Plaintiff SHAWN M. HILL, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1860 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: Owen Michel Hill, born September 24, 2001. A Conciliation Conference was held on June 13, 2002, with the following individnnls in attendance: The Mother, Caroline A. Dzieciol, with her counsel, Marylou Matas, Esquire; and the Father, Shawn M. Hill, with his counsel, Johnna J. Kopeeky, Esquire. The child in question is less than one year old. The parents are not married. The Father is 22 years old and Mother is 20 years old. The parties were living together with the Maternal Grandmother when the parties separated in February of 2002. At that time, Mother moved out with the minor child but Father continued to live with the Maternal Grandmother. Father works daylight shift starting at 6:00 a.m. and ending at 2:30 p.m. Mother works from 3:30 p.m. until 10:00 p.m. each day. Over the past four months, Mother has had the child in the morning when the Father is working and Father has had the child in the evening when the Mother is working. The issue in dispute appears to be Father's desire to have overnights with the minor child. What the parties were doing is the Mother would pick the child up at the Father's home at approximately 10:30 p.m. each night and return the child to the Father's home on her way to work. Father wants to keep the child overnight and then make some arrangements for un exchange of custody in the early morning. Also at issue are the weekends. Father wants every weekend with the child. Mother is seeking alternate weekends. Mother's work schedule includes every Saturday, but Mother is off every Sunday. 5. The conciliator recommends the entry of an order in the fox,ii a~ attached. CAROLINE A. DZIECIOL, Plaintiff SHAWN M. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1860 CIVIL TERM : IN CUSTODY PETITION FOR CONTINUANCE AND NOW comes Petitioner, Marylou Matas, Esquire, and petitions the Court as follows: Your Petitioner is counsel of record for the above named Plaintiff, Caroline A. Dzieciol. o Plaintiff filed a Complaint for Custody which caused a hearing to be scheduled for October 2, 2002, at 8:45 a.m. A copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A." The parties have been operating under the terms of the Order of Court, dated July 3, 2002, since the date of the custody conciliation conference. The parties agreed, by and through their respective counsel, that the hearing be rescheduled generally. A copy of this Petition has been provided to Defendant's counsel of record, Saidis, Shuff, Flower & Lindsay, who concur in this request. WHEREFORE, Petitioner requests your Honorable Court to reschedule the heating generally from Wednesday, October 2, 2002, at 8:45 a.m. Respectfully submitted, Marylou'~t~}s, Esquire~ Attorney fbr~laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. MARY'E~ MATA S, 'E S QUIRE CAROLINE A. DZIECIOL, Plaintiff SHAWN M. HILL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02- 1860 CIVIL IN CUSTODY COURT ORDER AND NOW, this 3 n~ day of ~, 2002, upon consideratiou of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. gL of the Cumberland County Courthouse on the,2~ day of (~ ,2002 at ~;~/~ ~.M. at which time testimony will be taken in the above case. At this hearing, the Mother 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 party's position on these issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed with the court at least 5 days prior to the mentioned hearing date. Pending further Order of this Court, the following temporary custody order is entered: Ae The Father, Shawn M. Hill, and the Mother, Caroline A. Dzieciol, shall enjoy shared legal and shared physical custody of Owen Michel Hill, born September 24, 2001. Physical custody shall be handled on weekdays such that Mother shall have custody during the week with the understanding that Mother shall deliver custody of the minor child to Father on her way to work at approximately 3:00 p.m. and pick the minor child up after work at approximately 10:30 p.m. or whenever she is off work. EXHIBIT "A" Weekends shall be handled such that Father has custody of the minor child on every Friday from when the Mother drops the child off at 3:00 p.m. for the entire weekend until Sunday evening at 10:00 p.m., except for two alternating weekends per month when Mother may pick the child up on Saturday evening at 10:00 p.m. after work and shall have custody until Monday when she shall deliver the child to Father on her way to work on Monday at 3:00 p.m. BY THE COURT, CC.' Maryiou Matas, Esquire Johnna J. Kopecky, Esquire TRUE COPY FRO~,~ ~:r~,-~.~:.,r~ ' Promono~r~ - CAROLINE A. DZIECIOL, Plaintiff SHAWN M. HILL, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1860 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: Owen Michel Hill, born September 24, 2001. A Conciliation Conference was held on June 13, 2002, with the following individuals in attendance: The Mother, Caroline A. Dzieciol, with her counsel, Marylou Matas, Esquire; and the Father, Shawn M. Hill, with his counsel, Johnna J. Kopecky, Esquire. The child in question is less than one year old. The parents are not married. The Father is 22 years old and Mother is 20 years old. The parties were living together with the Maternal Grandmother when the parties separated in February of 2002. At that time, Mother moved out with the minor child but Father continued to live with the Maternal Grandmother. Father works daylight shift starting at 6:00 a.m. and ending at 2:30 p.m. Mother works from 3:30 p.m. until 10:00 p.m. each day. Over the past four months, Mother has had the child in the morning when the Father is working and Father has had the child in the evening when the Mother is working. The issue in dispute appears to be Father's desire to have overnights with the minor child. What the parties were doing is the Mother would pick the child up at the Father's home at approximately 10:30 p.m. each night and return the child to the Father's home on her way to work. Father wants to keep the child overnight and then make some arrangements for an exchange of custody in the early morning. Also at issue are the weekends. Father wants every weekend with the child. Mother is seeking alternate weekends. Mother's work schedule includes every Saturday, but Mother is off every Sunday. The conciliator recommends the entry of an order in the form as attached. CAROLINE A. DZIECIOL, Plaintiff Vo SHAWN M. HILL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1860 CIVIL TERM : IN CUSTODY OCT 0 2 ORDER OF COURT AND NOW this ~2~lay of__~, 2002, upon consideration of the within Motion, it is hereby ORDERED and DIRECTED that the hearing previously scheduled in this matter for October 2, 2002, at 8:45 a.m. is continued generally, to be rescheduled at the request of either party or their respective counsel. Pending further Order of Court or Agreement of the parties, the parties shall abide by the provisions set forth in the Order of Court, dated July3, 2002. CCi Marylou Matas, Esquire Attorney for Plaintiff Saidis, Shuff, Flower & Lindsay, Attorneys for Defendant ~ ~ I