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HomeMy WebLinkAbout94-01026 1 . ~ I I I ;:,-1 _! . ' _I :::.' - - ~ .......-z.p 1/- LI'Cj 'I ANTHONY ALLEN DIODATO, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :NO. 1026 - CIVIL - 1994 SHANNA L. HOUSER, Defendant :CIVIL ACTION - CUSTODY COURT ORDER . AND NOW, this ~ day of ~4~~ , 1994, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Shanna L. Diodato, and the Father, Anthony Allen Diodato, shall have shared legal custody of Zachary Allen Diodato born December 22, 1992. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy temporary physical custody as follows: A. For the weekends starting October 22 and continuing through November 12, the Father shall have temporary custody on every Saturday from 9 A.M. until 5 P.M. and on the following Tuesday from 9 A.M. until 5 P.M. B. On the weekend of November 19 and December 3, the Father shall have temporary custody from Saturday at 9 A.M. through Sunday at 5 P.M. Additionally, Father shall enjoy temporary custody on every Tuesday during that time frame from 9 A.M. until 5 P.M. C. Father shall have temporary custody the weekend of December 9 from Friday at 5 P.M. through Sunday at 5 P.M. D. For the Christmas holiday, the 1994 custody arrangement shall be split between Christmas Eve at noon until Christmas Day at .noon,and Christmas Day at noon until December 26 at' noon. Mother shall have custody in 1994 during the flrs~ time frame from Christmas Eve through noon on Christmas Day, with the Father enjoying the second tim~I~~~~ro~ Chf.istmas Day until December 26. Absent agreement"bf1the parties, this arrangement shall be alternated each year with the Father enjoying the first portion of Christmas custody in 1995. 'to E. Starting the weekend of January 6, the Father shall enjoy temporary custody on alternating weekends from Friday at 5 P.M. until Sunday at 5 P.M. The Father shall also enjoy temporary custody on every Tuesday from 9 A.M. until 5 P.M. The every Tuesday provision shall be effective as of the date of this Order such that the Father has custody of the child every Tueaday when the Father is off work. 4. The Mother shall always have custody on Mother's Day from 9 A.M. until 5 P.M. and the Father shall always have custody on Father's Day for the same time frame. This provision ia to supersede any other provision of this Order. 5. The Easter holiday shall be a separate holiday and not included within the alternating week schedule. The holiday shall alternate, with the Mother having the entire Easter holiday weekend in 1995, and the Father having the entire Easter weekend in 1996 with the parties alternating thereafter. 6. In the event the parties are unable to reach an agreement with respect to custody during the summer months, either party may petition the Court to have this case again scheduled with the Custody Conciliator. Counsel for the parties have the option of contacting the Conciliator and attempting to conduct a Conciliation by virtue of a telephone conference call between the Conciliator and the attorneys. 7. For exchange of custody, the custodial parent shall deliver the child to the noncustodial parent unless agreed otherwise by the parties. BY THE COURT, JUu1.Y.;,~ 1. ;b / cc: Charles E. Petrie, ES'iluire _I:~ ~ 1I!r,/?y-. Diane M. Rupich, EsquJ.re - \I ..,3, f. ., 'I,~ J ;} "~ '::, ~ 'I ,,'- r, t:1 J:. . , , . ;; ,0' Nay 9 10 16 ~H 19~ r q,' C Dr-Fler or '"' "'(, fllCliClAftY CUHLUdf.';SI t;f ~lUTY l'l""SYl....\~I/, .- ~ DATE C).:::J:-KJ Hubert X. G1lroy, Custody Conciliato . , v IIN THE COURT OF COMMON PLBAS OF :CUMBERLAND COUNTY, PBNNSYLVANIA I INO. 1026 - CIVIL - 19~4 I : :CIVIL ACTION - CUSTODY ANTHONY ALLEN DIODATO, Plaintiff SHANNA L. HOUSER, Defendant PRIOR JUDGE: JUDGE KEVIN A. HESS CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-B(bl, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is aa follows: Zachary Allen Diodato, born December 22, 1992. 2. A Conciliation Conference was held on October 20, 1994, with the following individuals in attendance: The Father, Anthony Allen Diodato, with his counsel, Diane M. Rupich, Esquire, and the Mother, Shanna L. Houser, with her counsel, Charles E. Petrie, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ANTHONY ALLEN DIODATO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. I 0 d {p Civil, 1994 SHANNA L. DIODATO, Defendant CUSTODY ORDER OF COURT AND NOW, this l11... day of (Vl;lre'~ , 1994, upon consideration of the attached Complaint, it is hereby directed parties and their respective counsel appear before , \ Ire;. , Esquj.re, the Conciliator, at r ,CI, (olAr ""'<AJ(' , ia, on the I.S day of , 1994, at /!?clf: ~A-.M. 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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: DATED: ~ -Cj_&/l( BY: ~..t~A- f:A~~ f~. cfuJ~nciliator ~" YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Court House One Court House Square Carlisle, PA 17013 (717) 240-6200 Cf " r.;,;,J ';,Gf )~{" f .',fty . i Tr -L't'! H~R 9 II 24 ,ti 'gq . ,'. ", ~ '., ANTHONY ALLEN DIODATO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. , 0 J. (", Civil, 1994 SHANNA L. DIODATO, Defendant CUSTODY COMPLAINT FOR SHARED LEGAL CUSTODY AND NOW, this J,tf#:. day of February, 1994, comes the Plaintiff, Anthony Allen Diodato, by his attorney, Arthur K. Oils, Esquire, and respectfully requests the following: 1. The plaintiff, Anthony Allen Diodato, is an adult individual, who currently resides at 821 Pear street, Apartment C, Lemoyne, Cumberland County, Pennsylvania 17011. 2. The Defendant, Shanna L. Diodato, is an adult individual, who currently resides at 1710 Market street, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are married, and as a result of said marriage, one child was born1 namely: Zachary A. Diodato, born December 22, 1993 in Harrisburg, pennsylvania. . 4. The parties are separated, and the Defendant currently has custody of the minor child, and does not permit the Plaintiff to visit with his son. 5. The plaintiff, is well able and capable of caring for his minor son, Zachary A. Diodato. 6. The Plaintiff, Anthony A. Diodato, desires to be involved with his son, and to be consulted regarding all major decisions regarding his son's life. 7. The minor child, Zachary A. Diodato, has resided in Cumberland County, Pennsylvania, since his birth. 8. There has been no prior action for custody or visitation of the minor child, in any jurisdiction. 9. The Court of Common Pleas of Cumberland County has full jurisdiction in this matter as all parties reside in Cumberland County, Pennsylvania. Gn{;~1t~~~'; WHEREFORE, the Plaintiff, Anthony Allen Diodato, respectfully requests your Honorable Court to grant him shared legal custody of his minor son, Zachary A. Diodato. Respectfully submitted, OILS viM BY: Arthur K. Oils, Esquire 101 S. Second Street Executive House, Ste.L1 Harrisburg, PA. 17101 (717) 232-9724 I.D.NO. 07056 VBRIPlCA'l'IOII I verify that the statements made in this Custody complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.~4904, relating to unsworn falsification to authorities. --- &~ Ant ny A. Diodato Dated: ~~ 01-~ /~?jI . / I / ... .. .. -.. -;:r en ...... "- \r, .....:.:. ;", "" ...., f'.,. i- ~ i ~ I;t " ~ I '-..J r;..:::: ~ I ~ ~ . \ - \ 0 ':J '(:) '. ,-, Cl l) \.., l . <:l I :::r- ::J-- ~ " ,- - .,,< rl N co <>= ., ;:'1= ~ H 1Il~ ~> ril...::l ...::1>< Po III Z ZZ 0 ;; Oril"" 0 E-t 1;;1: :l;;PoO\ E-t ~ ,~ :l;; 0\ ~ 0 ~ we 0 ,~ 0 0 ~ =~ tJ>< 0 H Gi E-t H 0 >< ~ ~li!i!~ r..Z , 0 0 ~ w..8J O::J.-l . . 0 '\!I w 2:...... a-M" 0,.-1 . In ...::I E-t ~ Z ilzL ~ E-tU> ~ > III 5 E ~~ P: ,.-I ~ ::J Gi ::JOtJ >< Z tJ -II OZ Z Z a- -~ tJ~ 0 ~ ~ ...::I :>:: :>:: rilP: E-t III :>::ril Z E-tl%l ~ :l;; . Z::JO , . ~.\- hi,. ......- ~__ '-"'"" MAY 0 3 1994 ~ ANTHONY ALLEN DIODATO, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1026 - CIVIL - 1994 . . SRANNA L. DIODATO, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this q' day of ,.....,~ , 1994, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Shanna L. Diodato, shall have primary physical custody of Zachary Allen Diodato, born December 22, 1993. 2. The Father, Anthony Allen Diodato, shall have temporary physical custody with the minor child as follows: A. Starting April 24, 1994, every Sunday for three consecutive weeks. The first two Sundays shall be from 1 P.M. until 5 P.M. The third Sunday shall be from 1 P.M. until 8 P.M. This period of temporary custody shall be exercised at the Mother's home unless agreed otherwise by the parties. Mother shall insure that there will be another person present at Mother's home to aid in supervising any visitation. B. Starting May 22, 1994, Father shall have temporary custody for three consecutive Sundays under the same time schedule above with the first two Sundays being from 1 P.M. until 5 P.M. and the third Sunday being from 1 P.M. until 8 P.M. This visitation may be exercised at Father's parents' home or under circumstances where Father's parents are present with Father and the child. Mother shall handle transportation for exchange of custody whereby she shall deliver the minor child to Father's parents' home at the scheduled time and pick the minor child up at the scheduled time. ,. , ' ).\......:' . J ~ .. I, l:j ,() M. N!' Tr 11 b A~W ,I J:~..;.I':;-.'.- C. The parties shall meet with the Custody Conciliator for another Custody Conference on Thursday, June 9, 1994, at 9:30 A.M. BY THE COURT, cc: Charles Petrie, Esquire Arthur K. Dils, Esquire --1(1-' ,4 Ii ,I '. c"..~ ,.,.,.o..J...J. 5/''f/q'f- ' .. ""', f' . I ,,~_."'____~.. .'8.___ .-_ t;,;"ilJiJ't?t:,i~ ",%. , . ANTHONY ALLEN DIODA'l'O, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1026 - CIVIL - 1994 SRANNA L. DIODA'l'O, De.fendant . . . . :CIVIL ACTION - CUS'l'ODY CONCILIATION CONFBRENCB SUHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the .following report: 1. The pertinent in.formation pertaining to the child who is the subject o.f this litigation is as .follows: Zachary Allen Diodato, born December 22, 1993. 2. A Conciliation Con.ference was held on April 15, 1994, with the .following indi\'iduals in attendance: The Father, Anthony Diodato, with his counsel, Arthur K. Dils, Esquire, and the Mother, Shanna L. Diodato, with her counsel, Charles Petrie, Esquire. 3. The parties agreed to the entry of an Order in the .form as attached. ~ Hubert x. Gilroy, Esquire Custody Conciliator JUN 2 2 1994 U'" ANTHONY ALLEN DIODATO, plaint1ff :IN THB COURT OF COMMON PLEAS OF :CUHBBRLAND COUNTY, PBNNSYLVANIA v . . :NO. 1026 - CIVIL - 1994 . . SRANNA L. DIODATO, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this ;)~ day of Ll~ ,1994, the Concil..i.ator having attended the Confere;;;; which was scheduled for June 9, 1994, and neither party having attended, the Conciliator relinquishes jurisdiction. Another Conciliation Conference will be scheduled upon the petition of either party. cc: Charles E. Petrie, Bsquire Arthur K. Dils, Bsquire (t i~tk.:I.t1l ~L(/Iu.. ,1,7.. /,191(