HomeMy WebLinkAbout95-02085
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* s.,. ) hr. ,~ : IN TIlE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V :CIVIL ACTION - LAfl'
.
.
* ~t_ \-wJ :NO. 'lr'(;l('.r~- CIVIL 19
JY''''1 f)'/')k,!!cfendant : CUSTODY /VI SIT.lITION
. ORDER OF COURT
{tfJr, \ ch.,ICj<rs'-
AND NOW, this (date) , upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel ap ear before r-l...I,Nt" '/-.. (~, Irey c';"SlJ, ,
the concil-11/;:r, at t" or (.,,,.. . ( ('V'rl".'-\l" . ,
on the~) ." day of ", , 19 J, at . '.'1.
M., for a Prehearing Custod Conference. At such conference,
an effort will be made to resolve the issues in dispute; or iE
this cannot be accomplished, to deEine and narrow the issues to be
heard 'by the court, and to enter into a temporary order. Either
party may bring the child who is the subject oE this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conEerence may provide
grounds Eor entry of a temporary or permanent order.
FOR THE COURT:
By:
~
YOU SHOULD TAKE THIS PAPER TO YOUR 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
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717) 240-6200
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a. Father shall enjoy visitation every other weekend
from Friday at 7:00 P.M, until Sunday at 5:00 P.M,;
b. The following Holidays shall be shared between the
parties, New Year's Day, Easter, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, christmas Eve, Christmas Day, and
the Child's Birthday.
c. Notwithstanding any of the above provisions, Father
shall have physical custody of the child on Father's Day and
Mother shall have physical custody of the child on Mother's Day;
d. Father shall have the right to visitation at other
times as can be mutually agreed to between the parties. To allow
for coordination of their schedules, Father shall provide twenty-
four (24) hours notice to Mother for a requested visitation, of
only several hours, and two (2) weeks notice for a visitation
request for several days or a request to alter the weekend
schedule;
e. The parties further agree they shall cooperate
fully in implementing the terms of this agreement and that the
parties are encouraged to schedule such other visitation as can
be mutually agreed upon.
DATE: to-C\~ ~5
. 1995
~~~
SUE SHEETS
DATE: (, -..('- 1.5'
, 1995
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minor child, subjccllo lhis complaint. The court placed lhe child with the fnlher nnd the
dependcncy aclion was discontinucd,
7, Mother docs nol know ofa person nol a party 10 the proceedings who hus physical
cuslody of lhe child or claims 10 have custody or vishution rights wilh rcspecllo the children.
8, The best inlercslnnd permanenl welfare of the children will be served by granling lhe
relief requested becnuse:
a. Mother had primary physical custody of child from birth until July, 2001.
b, MOlher has had regular visils whh the child from Augusl 2003 until December
2003,
c, Falher has not nil owed mother to regularly visilthe child since December 2003,
d. Father has only pennilled lhe mother 10 visit the child on one occasion since
December 2003.
e, 11 would be in the child's best intereslto enjoy regular and continuing contact with
the mOlher,
9. Each parent whose parental righls 10 the child have not been tenninated and lhe person
who has physical custody of the child have been named as parties 10 this aClion.
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B. ALTERNATING HOLIDAYS: In even numbered years, the Father shall have
euslody of the Child on Easter, July 4th and Thanksgiving and lhe Mother shall have
euslody on Memorial Day, the Child's birthday and Labor Day. In odd numbered
years, lhe Molher shall have custody of tile Child on Easler, July 4th and Thanksgiving
and the Falher shall have custody on Memorial Day, the Child's birthday and Labor
Day. The periods of holiday custody under lhis provision shall run from 10:00 am until
6:00 pm onlhe holiday, unless otherwise agreed betIVeenlhe parties.
6, The party receiving custody of the Child shall be responsible to provide transportation for the
exchange, unless otherwise agreed belweenlhe parties.
7. Thc noncustodial parent shall be entilled to havc reasonable telcphone contacl wilh the
Child.
8. The parties shall notify each olher of all medical care the Child rcceivcs whilc in each party's
euslody. Each party shallnolify the olhcr immediately of medical emcrgencies whieh arise while lhe
Child is in thai parcnl's care,
9. The parties shall kcep each olher advised of school evcnts involving lhe Child in which lhc
parenls can observe or participatc.
10, Neither party shall do or say anything which may eslrange lhe Child from lhc other parenl,
injure lhe opinion oflhe Child as to lhe other parent, or hamper lhe free and natural dcvclopment oflhe
Child's love and respect for the olher parent Bolh parties shall ensurc that lhird parties having conlact
wilh lhe Child comply with lhis provision.
II. This Order is enlcred pursuant to an agrcement ofthc parties at a Custody Conciliation
Confercnce. The parties may modify thc provisions oflhis Order by mUlUal consent In lhc abscncc of
mutual conscnt, lhc tenns of this Ordcr shall conlrol.
BY THE COURT,
l ~!J~k uiL
cc: Jason C. Evans, and Lucy Johnston - Walsh, Esquire - Counsel for Molher .
Jessica Dial1londslone, Esquire - Counsel for Falher .r'f".
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<.-)..." .
SUE SHEETS,
PLAINTIFF
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
ACTION FOR CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is SUE SHEETS, who currently resides at, 377 Pin Oak
Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is RICHARD JEREMY DITZLER, who currently resides at,
1207 Pine Road, Carlisle, Cumberland County, Pennsylvania, 17013.
The child was born
3. Plaintiff seeks Full Legal and Physical custody of the
following child:
NAMES ADDRESS DATE OF BIRTH
Rachael Christine Ditzler 377 Pin Oak Lane 8/2/94
Carlisle, PA 17013
out of wedlock.
The child is presently in the custody of the Plaintiff, Sue
Sheets, who resides at, 377 Pin Oak Lane, Carlisle, Cumberland
County, PA, 17013.
Since the child's birth, the child has resided with the following
persons and at the following addresses:
PERSONS ADDRESSES DATES
Plaintiff, Defendant, 462 Fairground Avenue 8/2/94 to
Danielle Sheets, Carlisle, PA 17013 10/31/94
and Samuel Sheets
Plainti~f, Defendant, 377 Pin Oak Lane 11/1/94
Danielle Sheets~ Carlisle, PA 17013 to 2/95
and Samuel Sheets
Plaintiff, Danielle 377 Pin Oak Lane 2/95 to
and Samuel Sheets Carlisle, PA 17013 Present
The Mother of the child, is the Plaintiff, Sue Sheets,
currently resides at 377 Pin oak Lane, Carlisle PA, 17013.
The Mother is single.
who
The Father of the child, is the Defendant, Richard Jeremy
Ditzler, who currently resides at 1207 Pine Road, Carlisle, PA
17013.
The Father is single.
4. The relationship o~ the De~endant to the child
natural Father. The Defendant currently resides
following person:
NAME RELATIONSHI~
Monica Ditzler Mother
is that of
with the
The relationship of the Plaintiff, Sue Sheets, to the child is
that of natural Mother. The Plaintiff currently resides with the
following persons:
NAME
Danielle Nicole Sheets
Samuel David Sheets
RELATIONSHIP
Daughter
Son
The 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.
6. The best interests and permanent welfare of the child will
served by granting the relief requested because:
(a)
for the child,
supervision for
physical
life.
be
Plaintiff is able to provide a loving environment
and has done so for her entire life~
Plaintiff is able to provide proper care and
the child and has done so for her entire life;
Plaintiff is able to provide a safe, proper
environment for the child and has done so for her entire
Each parent whose parental rights to the
terminated and the persons who have physical
have been named as parties to this action.
child has not been
custody of the child
WHEREFORE, Plaintiff, SUE SHEETS,
this Honorable Court enter an Order:
(a) Awarding Plaintiff Full
child;
respectfully requests that
Legal custody of the minor
(b) Awarding Plaintiff Full Physical Custody of the
minor child, naming Plaintiff as the Primary Physical Custodian
of the child, subject to Defendant's rights of Partial Physical
Custody, as the parties can mutually agree to.
Respectfully submitted,
Attorney I.D. No. 64998
110 South Carlisle Street
PoO. Box 670
New Bloomfield, PA 17068
Attorney for Plaintiff
SUE SHEETS,
PLAINTIFF
V
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO.
CIVIL - IN CUSTODY
VERIFICATION
I, SUE SHEETS, verify I am the Plaintiff in the foregoing
action, that the attached Complaint for Custody is based upon
information which has been gathered by my counsel in the
preparation of this lawsuit. The language of the Complaint
is that of my counsel and not mine. I have read the Complaint
and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the
contents of the Complaint is that of counsel, I have relied upon
counsel in making
I understand
C.S. section 4904
authorities for any false statements
foregoing Complaint.
DATE:~~
this Verification.
that I am subject to the penalties of 18 Pa.
relating to unsworn falsification to
that I have made in the
SUE SHEETS
SUE SHEETS,
PLAINTIFF
V
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
ACTION FOR CUSTODY
CERTIFICATE OF SERVICE
I, Susan Kay Candiello, Esquire, hereby certify that a
and correct copy of the foregoing COMPLAINT FOR CUSTODY was
served by first class mail, postage prepaid upon:
true
RICHARD JEREMY DITZLER
1207 Pine Road
Carlisle, PA 17013
Date~
~usan ~ay cDn~iello, ~sq.
110 South"~arlisle Street
P.O. Box 670
New Bloomfield, PA 17068
* ~- ~'~ Plaintiff
V
ORDER OF CO~T
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO. ~f~3-- CIVIL 19
: CUSTODY/VIS~TA TION
AND NOW, this (date) , upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before ]'~.,.,~,~,"~- ~. ~ lroy ~73G, ,
the concii~a_tor, at (~t~ G[oor- C-~,~b. Co. ~c~lt"°~'-~.~_~ -- -
on the ~-~ day of ~¥ , 19 ~ , at 9~0 /~./~.
14., for a Preheating Custod~ 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 child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT:
By: ~
~'us=o~y comcldla=or
YOU SHOULD TAKE THIS PAPER TO YOUR 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
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
SUE SHEETS,
PLAINTIFF
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 9S- ~.5 C~ w~
civil ACTION - LAW
ACTION FOR CUSTODY
ORDER OF COURT
You, RICHARD JEREMY DITZLER, Defendant, have been sued in
court to obtain Full Legal and Primary Physical Custody of the
child; RACHAEL CHRISTINE DITZLER.
,.~, You are
Carlisle,
199~, at
court.
ordered to appear in person before ~5~4~ ~
Pennsylvania, on the -~J-~ day of A~.~
,¢;~O o'clock ~ .M., for a hearing before the
If you fail to appear as provided by this order,
an order for custody, pretrial custody or visitation
may be entered against you or the court may issue a
warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR 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.
DATE:
CUMBERLAND COUNTY LAWYER REFERRAL
CUMBERLAND COUNTY COURTHOUSE
COURT ADMINISTRATOR
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA, 17013
(717) 240 6200
SERVICE
FORTpE COURT:
SUE SHEETS,
PLAINTIFF
V
RICRARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 95-2085
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
STIPULATION FOR AGREED ORDER OF CUSTODY
Plaintiff is SUE SHEETS, who currently resides at 377 Pin
Oak Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
Defendant is RICHARD JEREMY DITZLER, who currently resides
at 1207 Pine Road, Carlisle, Cumberland County, Pennsylvania,
17013.
It is Plaintiff's and Defendant's belief it is in the best
interests of their minor child to have a meaningful ongoing
relationship with both her Natural Mother and
provided their child is in a safe environment.
WHEREFORE,
Jeremy Ditzler,
the custody of
Honorable Court
1.
defined
Rachael
2.
Sheets,
Physical Custody
Natural Father,
Plaintiff, Sue Sheets, and Defendant, Richard
have entered into a mutual agreement regarding
their child and respectfully request that this
enter the following Order:
Plaintiff and Defendant shall share Legal
in 23 Pa.C.S.A.
Christine Ditzler.
Primary Physical
section 5302), of the
Custody shall
Custody, (as
minor child,
be in Plaintiff, Sue
with Defendant, Richard Jeremy Ditzler, enjoying Partial
in accordance with the following schedule:
a. Father shall enjoy visitation every other weekend
from Friday at 7:00 P.M. until Sunday at 5:00 P.M.;
b. The following Holidays shall be shared between the
parties, New Year's Day, Easter, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and
the Child's Birthday.
c. Notwithstanding any of the above provisions, Father
shall have physical custody of the child on Father's Day and
Mother shall have physical custody of the child on Mother's Day;
d. Father shall have the right to visitation at other
times as can be mutually agreed to between the parties. To allow
for coordination of their schedules, Father shall provide twenty-
four (24) hours notice to Mother for a requested visitation, of
only several hours, and two (2) weeks notice for a visitation
request for several days or a request to alter the weekend
schedule;
fully in
e. The parties further agree they shall cooperate
implementing the terms of this agreement and that the
parties
be mutually agreed upon.
are encouraged to schedule such other visitation as can
DATE: ~--~'~ , 1995
SUE SHEETS
RICHARD JEP*EMY DITZLER
JUN _l
SUE SHEETS,
PLAINTIFF
V
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 95 2085
CIVIL ACTION LAW
ACTION FOR CUSTODY
0RDER OF COURT
AND NOW, this ~ day of ~,~%F_ , 1995, upon
presentation and consideration of the attached Stipulation for
Agreed Order of Custody, it is hereby ORDERED AND DECREED, that
the said Stipulation, as submitted and executed by the parties,
shall be incorporated into and made a part of this Order, thereby
giving said Stipulation the full force and effect as an Order of
this Court.
BY THE COURT,
SUE SHEETS,
Plaintiff
v
RICHARD JEREMY DITZLER,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 2085 - CIVIL - 1995
:
:
:CIVIL ACTION - CUSTODY
COURT ORDER
advised that the parties in above case have reached an
agreement, the Conciliator relinquishes jurisdiction.
SUE SHEETS,
Plaintiff/Petitioner
RICHARD DITZLER,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: 1N CUSTODY
:
: NO. 95-2085
: NO. 04-0730 CIVIL TERM
PETITION TO AMEND CAPTION
1. Plaintiff/Petitioner filed an initial Complaint for Custody on April 25, 1995, which
resulted in an order docketed at No. 95-2085. The Order and Complaint are attached as
"Exhibit A."
2. Without knowledge of the prior order, Plaintiff/Petitioner's counsel filed a custody
complaint on February 20, 2004, which resulted in an order docketed at No. 04-730. That
Order and Complaint are attached as "Exhibit B."
3. The Complaint and Order docketed at No. 95-2085 and the Complaint and Order
docketed at No. 04-730 involve the same parties and concern the custody of the same child.
4. Plaintiff/Petitioner and Defendant/Respondent reached a custody agreement during
a conciliation conference before Dawn S. Sunday, Esquire, on Thursday, April 1, 2004.
4. The parties' custody agreement will be filed under docket No. 95-2085.
5. Plaintiff/Petitioner requests that the caption of the Order and Complaint filed
under No. 04-730 be amended to reflect docket No. 95-2085.
6. Pursuant to local rule 206-2(c), counsel for Plaintiff/Petitioner sought concurrence
of opposing counsel Jessica Diamondstone, Esquire. Opposing counsel concurs in this
motion.Date J ason~. Evaff~sj~-.---
Certified Legal Intern
THOM-AS~. PLACE
ROBERT~E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243 -2968
SUE ANN SHEETS
PLAINTIFF
V.
RICHARD DITZLER
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 04-730 CIVIL ACTION LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, February 24, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear belbre Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, March 25, 2004 at 1:00 PM
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 ma,/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/ Dawn S. Sunday, 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 TttlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATI'ORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
·
PLAINTIFF'S
] ~HIBIT
SUE ANN SHEETS,
Plaintiff
RICHARD DITZLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 04- ~t.~ CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Sue Ann Sheets, by her attorneys, the Family Law Clinic, sets forth the
following action for shared legal and partial physical custody of her daughter Rachel Ditzler,
bom 8/02/94. In support of her complaint, Plaintiff states the following:
1. The plaintiffis Sue Arm Sheets, ("mother") residing at 391 Easy Road, Carlisle,
PA 17013.
2. The defendant is Richard Ditzler, ("father"), residing at 94 Betty Nelson Trailer
Court, Carlisle, PA 17013
3. Mother seeks partial physical custody and shared legal custody of the following
child:
Name
Rachel Ditzler
Present Residence
94 Betty Nelson Court
Carlisle, PA 17013
Rachel Ditzler, hereinafter "Child" was bom out of wedlock.
Date of Birth
August 2, 1994
Child is presently in the custody of Richard Ditzler, who resides at 94 Betty Nelson
Court, Carlisle, PA 17013.
During the past five years, Child has resided with the following persons and at the
following addresses:
.Persons
Sue Ann Sheets,
Danielle Sheets(sibling)
Samuel Sheets(sibling)
Richard Ditzler,
Hope Ditzler(wife)
Shelby Ditzler(child)
Jeremy Ditzler(child)
Jonathan Ditzler(child)
Address
377 Pine Oak Lane, Carlisle, PA
Dates
8/94 until 7/01
94 Betty Nelson Trailer Court,
Carlisle, PA 17013
7/01 until present
6. A juvenile dependency action occurred in July of 2001 regarding Rachel Ditzler, the
Name Relationship
Hope Ditzler Wife
Shelby Ditzler Son
Jonathan Ditzler Son
Jeremy Ditzler Son
with the following persons:
The mother of the Child is Sue Ann Sheets, currently residing at391 Easy Road, Carlisle,
PA 17013.
She is single.
The father of the Child is Richard Ditzler, currently residing at 94 Betty Nelson Court,
Carlisle, PA 17013.
He is married.
4. The relationship of the plaintiff to the child is that of mother. Mother resides with the
following persons:
Name Relationship
Dylan Sheets Son
5. The relationship of the defendant to the child is that of father. Father currently resides
minor child, subject to this complaint. The court placed the child with the father and the
dependency action was discontinued.
7. Mother does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have ciastody or visitation rights with respect to the children.
8. The best interest and permanent welfare of the children will be served by granting the
relief requested because:
a. Mother had primary physical custody of child from birth until July, 2001.
b. Mother has had regular visits with the child from August 2003 until December
2003.
c. Father has not allowed mother to regularly visit the child since December 2003.
d. Father has only permitted the mother to visit the child on one occasion since
December 2003.
e. It would be in the child's best interest to enjoy regular and continuing contact with
the mother.
9. 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, Mother requests the court grant shared legal custody of the child, and
partial physical custody of the child to the mother.
Date: ~-I~-Oq
THOIXfi'A~. PLACE //7.
ROBERT'E. RAINS
ANNE, MACDONALD-FOX
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pa 17013
717/243-2968
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct to the
best of my personal knowledge and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities.
Sue Ann Sheets, Plaintiff
SUE ANN SHEETS
Plaintiff
RICHARD DITZLER
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
:
:CIVIL ACTION LAW- CUSTODY
: NO. 04-730 CIVIL TERM
VERIFICATION OF SERVICE
Understanding that the making of any false statement would subject The Family Law
Clinic to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities), the
undersigned verifies that Jason C. Evans mailed a true copy of a Custody Complaint to the
Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8349,
restricted delivery, return receipt requested, postage prepaid, on the 21st day of February, 2004
addressed as follows:
Richard Ditzler
94 Betty Nelson Trailer Court
Carlisle, PA 17013
Sender's receipt no, 7002 0860 0001 5847 8349 is attached hereto and incorporated by
reference.
On the 8 day of September, 2003, green return receipt no. 7002 0860 0001 5847
8349 was delivered to the Family Law Clinic, bearing the signature Richard Ditzler and
showing a date of service of February 21, 2004. The return receipt is attached hereto and
incorporated by reference. ?~ff.~ ~ ~j~4r~-
Jasc~n C. Evans
Cedified Legal Intern
Dated:
FAMILY LAWCLINIC
45N. PiN St.
Carlisle, PA 17013
717-243-2968
SUE SHEETS,
PLAINTIFF
V
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 95 - 2085
CIVIL ACTION - LAW
ACTION FOR CUSTODY
0RDER OF COURT
AND NOW, this ~ day of ~,)~¢ , 1995, upon
presentation and consideration of the attached Stipulation for
Agreed Order of Custody, it is hereby ORDERED AND DECREED, that
the said Stipulation, as submitted and executed by the parties,
shall be incorporated into and made a part of this Order, thereby
giving said Stipulation the full force and effect as an Order of
this Court.
BY THE COURT,
· PLAINTIFF'S
t EXHIBIT
SUE SHEETS,
Plaintiff
v
RICHARD JEREMY DITZLER,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 2085 - CIVIL - 1995
:
:CIVIL ACTION - CUSTODY
COURT ORD~..R
advised that the parties in the above case have reached an
agreement, the Conciliator relinquishes jurisdiction.
c~Ubs~o~yX~onGcl .11 ~ .~Y~q~ire
SUE SHEETS,
PLAINTIFF
V
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERSAND COUNTY,
PENNSYLVANIA
NO. 95-2085
CIVIL ACTION - LAW
ACTION FOR DIVORCE / CUSTODY
STIPULATION FOR AGREED ORDER OF CUSTODY
Oak
Plaintiff is SUE SHEETS, who currently resides at 377 Pin
Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
Defendant is RICHARD JEREMY DITZLER, who currently resides
st 1207 Pine Road, Carlisle, Cumberland County, Pennsylvania,
17013.
It is Plaintiff's and
interests of their minor
Defendant's belief it is in the best
child to have a meaningful ongoing
relationship
provided their child is in a
WHEREFORE,
Jeremy Ditzler,
the custody of
Honorable Court
with both her Natural Mother and Natural Father,
safe environment.
Plaintiff, Sue Sheets, and Defendant, Richard
have entered into a mutual agreement regarding
their child and respectfully request that this
enter the following Order:
1. Plaintiff and Defendant shall share Legal Custody, (as
defined in 23 Pa.C.S.A. section 5302), of the minor child,
Rachael Christine Ditzler.
2. Primary Physical
Custody shall be in Plaintiff, Sue
Sheets, with Defendant, Richard Jeremy Ditzler, enjoying Partial
Physical Custody in accordance with the following schedule:
a. Father shall enjoy visitation every other weekend
from Friday at 7:00 P.M. until Sunday at 5:00 P.M.;
b. The following Holidays shall be shared between the
parties, New Year's Day, Easter, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and
the Child's Birthday.
c. Notwithstanding any of the above provisions, Father
shall have physical custody of the child on Father's Day and
Mother shall have physical custody of the child on Mother's Day;
d. Father shall have the right to visitation at other
times as can be mutually agreed to between the parties. To allow
for coordination of their schedules, Father shall provide twenty-
four (24) hours notice to Mother for a requested visitation, of
and two (2) weeks notice for a visitation
days or a request to alter the weekend
only several hours,
request for several
schedule;
e. The
parties further agree they shall cooperate
fully in implementing the terms of this agreement and that the
parties are encouraged to schedule such other visitation as can
be mutually agreed upon.
, 1995
SUE SHEETS
RICHARD JER~MY DITZLER
* ~- ~-~ Plaintiff
V
* ~,'c~.2 ~£¢~'/ ~;'~l,.~efendant
ORDER OF COURT
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
:
:NO. ~f~oF5- CIVIL 19
: CUSTODY~VISiTATION
AND NOW, this (date) , upon consideration of the
attached complaint, it is hereby directed that the parties a~d
their respective counsel appear before 14~,5~'~ ~. ~, l£oy t.36~, ,
the conciliator, at ~t~ ~[~ ~.6o. ~o~' '. '
on the day of
M., for a Prehearing Custod~ 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 child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or pe~anent order.
FOR THE COURT:
By:
WJustody Co~[cilia~or ~
YOU SHOULD TAKE THIS PAPER TO YOUR 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 LEGlkL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
SUE SHEETS,
PLAINTIFF
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS
oF CUMBERLAND COUNTY,
PENNSYLVANIA
.. CIVIL ACTION LAW
: ACTION FOR CUSTODY
You, RICHARD JEREMY DITZLER, De~endant, have been sued in
court to obtain Full Legal and Primary Physical Custody ol the
child; RACHAEL CHRISTINE DITZLER.
~.~, You are ordered to appear in
Carlisle,
199..~, at
court.
Pennsylvania, on the ~J-~/% day of ~y
If you ~ail to appear as provided by this order,
an order ~or custody, pretrial custody or visitation
may be entered against you or the court may issue a
warrant ~or your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT APFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
DATE:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY COURTHOUSE
COURT ADMINISTRATOR
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA, 17013
(717) - 240 - 6200
FOR VE COURT:
SUE SHEETS,
PLAINTIFF
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. qS-- C.c
CIVIL ACTION - LAW
ACTION FOR CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is SUE SHEETS, who currently resides at~ 377 Pin Oak
Lane~ Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is RICHARD JEREMY DITZLER, who currently resides at,
1207 Pine Road, Carlisle, Cumberland County, Pennsylvania, 17013.
The
Plaintif~ seeks Full Legal and Physical custody of the
~ollowing child:
NAMES ADDRESS DATE OF BIRTH
Rachaet Christine Ditzler 377 Pin Oak Lane 8/2/94
Carlisle, PA 17013
child was born out of wedlock.
The child is presently in the custody of the Plaintiff, Sue
Sheets, who resides at~ 377 Pin Oak Lane, Carlisle. Cumberland
County, PA, 17013.
Since the child's birth, the child has resided with the following
persons and at the following addresses:
Plaintiff, Defendant.
Danielle Sheets.
and Samuel Sheets
Plaintiff, Defendant,
Danielle Sheets,
and Samuel Sheets
Plaintiff, Danielle
and Samuel Sheets
462 Fairground Avenue
Carlisle, PA 17013
D_A~E__S
8/2/94 to
10/3t/94
377 Pin Oak Lane 11/1/94
Carlisle., PA 17013 to 2/95
377 Pin Oak Lane 2/95 to
Carlisle, PA 17013 Present
The Mother of the child, is the Plaintiff, Sue Sheets,
currently resides at 377 Pin Oak Lane, Carlisle PA, 17013.
The Mother is single.
who
The Father of the child, is the Defendant, Richard Jeremy
Ditzler, who currently resides at 1207 Pine Road, Carlisle, PA
17013.
The Father is single.
4. The relationship of the Defendant to the child is that of
natural Father. The Defendant currently resides with the
following person:
Monica Ditzler Mother
The relationship of the Plaintiff, Sue Sheets, to the child is
that of natural Mother. The Plaintiff currently resides with the
following persons:
Danielle Nicole Sheets
Samuel David Sheets
RELATIONSHIP
Daughter
Son.
The 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.
6. The best interests and permanent welfare of the child will be
served by granting the relief requested because:
(a) Plaintiff is able to provide a loving environment
for the child, and has done so for her entire life;
(b) Plaintiff is able to provide proper care and
supervision for the child and has done so for her entire life;
(c) Plaintiff is able to provide a safe, proper
physical environment for the child and has done so for her entire
life.
Each parent whose parental rights to the
terminated and the persons who have physical
have been named as parties to this action.
child has not been
custody of the child
WHEREFORE, Plaintiff, SUE SHEETS,
this Honorable Court enter an Order:
(a) Awarding Plaintiff Full
chitd~
respectfully requests that
Legal custody cf the minor
(b~ Awarding Plaintiff Full Physical Custody of the
minor child, naming Plaintiff as the Primary Physical Custodian
of the child, subject to Defendant's rights of Partial Physical
Custody, as the parties can mutually agree to.
1995
Respectfully submitted,
Attorney I.D. No. 64998
110 Sou{h Carlisle Street
P.O. Box 670
New Bloomfield, PA 17068
Attorney for Plaintiff
SUE SHEETS,
PLAINTIFF
V
RICHARD JEREMY DITZLER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO.
CIVIL - IN CUSTODY
VERIFICATION
I, SUE SHEETS, verify I am the Plaintiff in the foregoing
action, that the attached Complaint for Custody is based upon
information which has been gathered by my counsel in the
preparation of this lawsuit. The language of the Complaint
is that of my counsel and not mine. I have read the Complaint
and to the extent that it is based upon information which I have
given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the
contents of the Complaint is that of counsel, I have relied upon
counsel in making this Verification.
I understand that I am subject to the penalties of 18 Pa.
C.S. section 4904 relating to unsworn falsification to
authorities for any false statements that I have made in the
foregoing Complaint.
DATE:~~~.
SUE SHEETS
SUE SHEETS,
?LAINTIFP
V
RICHARD JEREMY DITZLER~
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO.
CIVIL ACTION - LA~4
ACTION FOR CUSTODY
I, Susan Kay Candiello, Esquire, hereby certify that a true
and correct copy of the foregoing COMPLAINT FOR CUSTODY was
served by first class mail, postage prepaid upon:
RICHARD JEREMY DITZLER
1207 Pine Road
Carlisle, PA 17013
Date~
1995
P.O. Box 670
New Bloomfield, PA 17068
SUE SHEETS,
Plaintiff
RICHARD DITZLER,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
:
: CIVIL ACTION LAW - CUSTODY
: NO. 95-2085 CIVIL TERM
PRAECIPE FOR THE WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
PLEASE withdraw my appearance as attorney of record for the Petitioner, SUE
SHEETS, at the above captioned docket.
Dated:
Respectfully submitted [xy,
Susan Candiello, Esq.
5021 Trindle Rd.
Suite 100
Mechanicsburg, PA 17050
PLEASE enter my appearance as attorney of record on behalf of the Petitioner,
SUE SHEETS, the above captioned docket.
Respe, ctfully submitted by:
ason/C. Evans
Certified Legal Intern
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
Dated:
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
SErE SHEETS,
Plaintiff
V.
RICHARD JEREMY
DITZLER,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-2085 CIVIL TERMv/
SUE ANN SHEETS,
Plaintiff
RICHARD DITZLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-730 CIVIL TEPdM
ORDER OF COURT
AND NOW, this 12th day of April, 2004, upon consideration of PlaintiWs Petition
To Amend Caption, the custody cases at the above numbers are consolidated at No. 95-
2085 Civil Term. All proceedings shall be filed and docketed at the consolidated docket
number.
Family Law Clinic
45 S. Pitt Street
Carlisle, PA 17013
Attorney for Plaintiff
BY THE COURT,
J ~s~'ey Oler, C~'~.,~ ~J~
Jessica Diamondstone, Esq.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Attorney for Defendant
:rc
SUE SHEETS,
Plaintiff
VS.
RICHARD JEREMY DITZLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-2085 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 1.~-~ day of f~ ~)1~ I , 2004, upon
consideration of the attached Custody Conciliation Report, it i~ ordered and directed as follows:
1. The Mother, Sue Ann Sheets, and the Father, Richard Di~Izler, shall have shared legal
custody of Rachel Ditzler, bom August 2, 1994. 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 this paragraph each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, school and medical records and information.
2. The Father shall have primary physical custody of the Child.
3. Beginning Saturday, April 3, 2004, the Mother shall have partial physical custody of the
Child on alternating Saturdays from 10:00 am until 6:00 pm through May 29, 2004. Thereafter, on an
ongoing basis the Mother shall have custody of the Child on alternating weekends from Saturday at
10:00 am through Stmday at 2:00 pm. In addition, the Mother shall, have custody of the Child on June
5, 2004 for a birthday party for the Child's stepsibling, with the specific times to be arranged by
agreement of the parties.
4. The Mother may have custody of the Child at any additional times arranged by agreement.
5. The parties shall alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday period of custody shall nm from Christmas
Eve at 11:00 pm through Christmas Day at 6:00 pm. The Mother shall have custody of
the Child for Christmas in even numbered years and the Father shall have custody in
odd numbered years. In years when the Father has custody of the Child on Christmas,
the parties shall make arrangements by agreement for the Mother to have a period of
custody with the Child either immediately preceding or following Christmas if she does
not otherwise have a period under the regular custody schedule.
B. ALTERNATING HOLIDAYS: In even numbered years, the Father shall have
custody of the Child on Easter, July 4th and Thanksgiving and the Mother shall have
custody on Memorial Day, the Child's birthday and Labor Day. In odd numbered
years, the Mother shall have custody of the Child on Easter, July 4th and Thanksgiving
and the Father shall have custody on Memorial Day, the Child's birthday and Labor
Day. The periods of holiday custody under this provision shall mn fi.om 10:00 am until
6:00 pm on the holiday, unless otherwise agreed between the parties.
6. The party receiving custody of the Child shall be responsible to provide transportation for the
exchange, unless otherwise agreed between the parties.
7. The noncustodial parent shall be entitled to have reasonable telephone contact with the
Child.
8. The parties shall notify each other of all medical care the Child receives while in each party's
custody. Each party shall notify the other immediately of medical e~ergencies which arise while the
Child is in that parent's care.
9. The parties shall keep each other advised of school events involving the Child in which the
parents can observe or participate.
10. Neither party shall do or say anything which 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
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
CC;
BY THE COURT,
Jason C. Evans, and Lucy Johnston - Walsh, Esquire - Counsel for Mother
Jessica Diamondstone, Esquire - Counsel for Father
SUE SHEETS,
Plaintiff
VS.
RICHARD JEREMY DITZLER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-2085 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:
follows:
NAME
Rachel Ditzler
The pertinent information concerning the Child who :is the subject of this litigation is as
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
August 2, 1994 Father
2. A Conciliation Conference was held on April 1, 2004, with the following individuals in
attendance: The Mother, Sue Ann Sheets, with her counsel, Jason Evans, and Lucy Johnston-Walsh
Esquire, and the Father, Richard Ditzler, with his counsel, Jessica Diamondstone, Esquire.
3. The parties agreed to entry of an Order in the form as attached. It should be noted that
subsequent to filing the Complaint, the Mother's counsel discovered that custody proceedings had
previously been initiated in this matter at Docket No. 95-2085. As counsel will take the necessary
steps to amend the Complaint to reflect the existing docket number, the attached Report and Order are
submitted under the 1995 caption as well.
Date
Dawn S. Sunday, Esquire
Custody Conciliator