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HomeMy WebLinkAbout02-3106TIMOTHY J. BISHOP, Plaintiff LESLIE J. ACCRISTO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- ~/~, CIVIL TERM : CIVIL ACTION - LAW :IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Timothy J. Bishop, an adult individual whose residence is at 216 Market Street, west Fairview, Cumberland County, Pennsylvania. 2. Defendant is Leslie J. Accristo, an adult individual whose residence is at 155 Salem Church Road, Lot 32, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks joint legal custody and partial physical custody of his child Jessica Lynn Accristo, born October 6, 1988, currently residing at 29 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 4. The child is presently in the custody of Defendant. 5. Since May 1998, the child has resided with the Defendant at 155 Salem Church Road, Lot 32, Mechanicsburg, Cumberland County, Pennsylvania. 6. The relationship of the Plaintiff to the children is that of natural father. 7. The relationship of the Defendant to the children is that of natural mother. 8. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the following custody schedule: Primary physical custody of the child shall be in the Defendant subject to the following periods of partial custody with the Plaintiff: i. Every other weekend from Friday at 5:00p.m. through Sunday at 7:00p.m. ii. iii. iv, vi. vii. ix, Two nonconsecutive week periods during the summer school vacation with the Plaintiff giving the Defendant 45 days notice. Alternating holidays from 8:00a.m. to 7:00p.m. The holidays shall be New Year's Day, Memorial Day, 4th of July, Labor Day and Thanksgiving Day, with the father having custody on Labor Day, 2002. The parties shall alternate the Christmas holiday. The Plaintiff shall have custody of the child from 12:00 Noon Christmas Eve until 3:00p.m. Christmas Day in odd numbered years and the Defendant shall have this period in even numbered years. The Defendant shall have custody of the child from 3:00p.m. Christmas Day until 6:00p.m. December 26 in odd numbered years and the Plaintiff shall have this period in even numbered years. In those years that Plaintiff's alternating weekend includes Easter Sunday, he shall return the child by 2:00 PM on Easter Sunday. In those years that Defendant's alternating weekend includes Easter Sunday, Plaintiff shall have custody of the child from 2:00 PM until 8:00 PM on Easter Sunday. Defendant shall have physical custody from 8:00a.m. until 7:00p.m. on Mother's Day and Plaintiff shall have physical custody from 8:00a.m. until 7:00p.m. on Father's Day. The party receiving custody shall provide transportation from the custodial parent's residence. The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both parties for an alternate place for the exchange of custody. The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to the child. xi. xii. Neither parent shall do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the chitd's love and respect for the other parent. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. The custodial parent shall provide copies of the child's report card and other reasonable papers affecting the child's education medical condition, or welfare. 11. 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. Not other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to refer this case to a Custody Conciliator to schedule a conference. Date Respectfully Submitted TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff TIMOTHY J. BISHOP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02- CIVIL TERM LESLIE J. ACCRISTO, Defendant · CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date -- Timothy J.'l~i~hop, Plaintiff TIMOTHY J. BISHOP : : PLAINTIFF V. : 02-3106 : LESLIE J. ACCRISTO DEFENDANT : IN CUSTODY ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Wednesday, July 03, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greev~, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 06, 2002 at 10:30 AM for a Pre-Heating 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/ Melissa P. Greevy. Esq. 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 TIMOTHY J. BISHOP, Plaintiff Mo LESLIE J. ACCRISTO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- ,.~IO ~, CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Complaint for Custody filed in the above captioned case upon Lelsie J. Accristo, by certified mail, return receipt requested on June 28, 2002 addressed to: Leslie J. Accristo 155 Salem Church Road, Lot #32 Mechanicsburg, PA 17055. and did thereafter receive same as evidenced by the attached Post Office receipt card dated July 1, 2002. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES ~ ~eortu tJl~ il~ltt ~:ieg;t E s q u ' re Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff OFF~ *"l' I u s Return Receipt Fee a~ ,m~~~ I lng sewices (for an extla fee): aP~w~t'thief°n'ntCthefm~t°fthemail~ece'°r°nthebac~ifspaced~t I 1, [] Acldressee'eAddte$$~ aWrlte 'RetumR.e~i.'pt. Requested'ontherna~ebelow~nea~denumber. I 2. r-1 Restricted Delive~ ~ a T~ Ret~ R~pt will s~w to ~ the artide w~ de~vemd and the date 3. Article Addressed to: ,...z ................ ~ ' ~ Sewice ~ / --.~ ,~ ~,~T?~ume OT uelive~,~. ~ ; . ~ . II~eceived By: (Print Name) 18. Addressee s I ~ ~l~na~re, (Addr~ orAgeflt) 4 TIMOTHY J. BISHOP, Plaintiff LESLIE J. ACCRISTO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-~OG CIVIL TERM : CIVIL ACTION - LAW :IN CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of Order Rescheduling Pre-Custody Conference filed in the above captioned case upon Leslie J. Accristo, by certified mail, return receipt requested on July 11,2002 addressed to: Leslie J. Accristo 155 Salem Church Road, Lot #32 Mechanicsburg, PA 17055 and did thereafter receive same as evidenced by the attached Post Office receipt card dated July 12, 2002. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Postage CerUfied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here se To .... Street, Apt. No.; or ~ I also wish to receive the follow- M Comple~ i~me-t.i~d/er 2 ~' additional services, lng services (for an extra fee); ~ prtht your ~IgN~S on the reveme of this fon/t so th~ we can return t 1. [~I -Addressee's Address .... ca~ lo you. . . ~ [] Attadn this form to the front of the rnadpiece, or on the bact( ff -r - does not 2. D Restricted Delivery []The Return Receipt will show to whom tha arl~le was oeemm= ~r,= me ~au delivered. ~ .... i3. Article Addressed to: / 5..Rec,e, jlved By: (Print Name)- I) ~ 6. IBignature (Addressee ~r Agent) 7001 2510 0009 2827 8530 F'I Registered ~..Ce~tified [] Express Mail [] Insured ~..Retum Receipt for Merchandise [] COD 7. Date of Delivery 8. Addressee's Add~es,~ (Only if requested and f~ is p~) TIMOTHY J. BISHOP, Plaintiff V. LESLIE J. ACCRISTO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No 02-3106 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Defendant. Kindly enter the appearance of Jennifer L. Frechette, Esquire, on behalf of Jenni~'~r L. F~echette, Esquire 2650 ~qorth Third Street Harrisburg, PA 17110 (717) 238-2200 ID #87445 ATTORNEY FOR DEFENDANT SEP ! Offi TIMOTHY BISHOP, Plaintiff ' LESLIE J. VINSON, F/K/A LESLIE J. ACCRISTO, Defendant BAYLEY, J.-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3106 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this __~'"'-- day of September, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody· The parties, Leslie Vinson and Timothy J. Bishop, shall have shared legal custody of the minor Child, Jessica Lynn Accristo, born October 6, 1988. 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 their health, education and religion. Pursuant to the terms of 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. Father shall have supervised visitation. Each party shall contact the YWCA Visitation Center in Harrisburg, Pennsylvania, at 1-800-654-1211 or 238-7273 to arrange separate orientation appointments which shall occur before visits may begin. Visits shall occur weekly for a period of up to one hour and shall be supervised by the staff of the YWCA. 3. Father shall contact Parent Works at 774-3673 to arrange for parenting education regarding the impact of divorce on children, communicating with teenagers, and assistance in understanding the impact on this young lady of the prolonged absence of contact with Father. NO. 02-3106 CIVIL TERM 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. This Order is temporary in nature. It is hope that through the use of the services of Parent Works and the YWCA Visitation Center in Harrisburg that the parties will be able to work out a visitation/visitation plan that is in the best interest of this Child. At such time that, after diligent use these services, Father desires, he may petition the Court to modify this Order for periods of unsupervised partial custody Edgar B. B'ayley, J. ~ \ Dist.: Jennifer L. Frechette, Esquire, 2650 North Third Street, Harrisburg, PA 17110 Robert J. Mulderig, Esquire, 28 S. Pitt Street, Carlisle, PA 17013 TIMOTHY BISHOP, Plaintiff Vo LESLIE J. VINSON, F/K/A LESLIE J. ACCRISTO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3106 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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, children who are the subject of this litigation is as follows: NAME ~ CURRENTLY IN THE CUSTODY OF Jessica Lynn Accristo October 6, 1988 Mother 2. A Custody Conciliation Conference was held on August 20, 2002 at the Cumberland County Courthouse. The conference was scheduled at the Courthouse at the request of counsel for the Defendant, Leslie Vinson. Present for the conference were the Father, Timothy Bishop, and his counsel, Robert J. Mulderig, Esquire; the Mother, Leslie J. Vinson, and her counsel, Jennifer L. Frechette, Esquire. The conference was scheduled as a result of a Petition filed by Father on June 28, 2002. 3. The parties did not reach an agreement. There is a prior Order of Court in this matter docketed at 2955 Civil Term 1993 which Order of Judge Bayley gave primary physical custody of the Child to Mother. This Order was entered pursuant to a Protection from Abuse action which had been filed and has obviously now expired. Subsequent to the expiration of the Protection from Abuse Order, the parties had worked out custodial periods from the years 1994 through June of 1999. 4. Father's position on custody is that he would like to see the Child on alternating weekends and two (2) weeks in the summer, shared holidays, shared transportation and reasonable telephone contact. Father reports that he lives alone and has employment on the second shift at a warehouse. He claims he has had no contact with the Child since 1999 and has not pursued this problem because he has not been able to afford counsel. However, recently he was able to obtain pro bono counsel to help him pursue this NO. 02-3106 CIVIL TERM matter. He denies Mother's allegations that he has urged the Child to drink alcohol and has made statements indicating that she would be old enough to get married by age 12. He also denies Mother's concerns about unsanitary conditions in his home and inadequate food and medical care. 5. Mother's position on custody is as follows. She feels Father should if anything received, it supervised contact with the Child. She claims that her experience of Father's living circumstances was that the home was unheated and without water. She described him as being a volatile man who smoked marijuana daily. She also alleges that he urged their daughter to smoke marijuana and drink alcohol. She reports that there was inadequate food during the periods of custody which Father had after their separation in September of 1993. She expresses concern that there has been a history of refusal of medical care for herself and for the daughter and complains of harassment and unwanted contacts on the phone and at her home from the Plaintiff. Mother also alleges that Father has had a history of sexual contact with teenage females and is concerned because he allegedly made this statement to her that their daughter would be old enough to marry and settle down and have children when she was twelve (12) years old. It was at this point that Mother stopped contact with Father. Mother reports the daughter fears going outside because Father some times drives by the house. Mother is presently remarried and has a two (2) year old daughter and is a stay home Mother. She will not agree to any overnight visits for the daughter with Father at his home. After a lengthy conciliation conference, it was agreed that the Conciliator would identify services to provide for supervised visitation for Father, although this was certainly not his first choice. Following telephone conference with the counsel, it was agreed the Conciliator enter a recommended Order providing for the supervised contact through the visitation center and refer Father to Parent Works to provide counseling and education with regard to communicating with a teenager and the impact of separation and divorce on children. Subsequent to the conference, counsel for Mother informed the conciliator and opposing counsel that her client would not agree to any contact, even supervised contact, with the Father. Defendant's counsel then asked that a trial date be set. The Court is provided with two Orders, one setting a hearing and one providing for Supervised visitation, in the event the Court determines that supervised visitation should be tried, pending hearing. (,.,~ '~~ Date ' M~lissa-P-eel Greevy, Esquire Custody Conciliator