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HomeMy WebLinkAbout96-05509 ;iB ~ i~~~1 il~ ~! ... ... ~; ... i .... ... . 11 .. . . c ~I ~~ ~ to:.... ~ .... iiL~t~f I~ ~2! ~ ~~~ ~ ~ ~ ~ ~l I*~ ., liitflll; ~:li . 8 ~ . ..: . i ,., ~ ~ ~ .--- . .. " . ..'OJ' . . . . BRUCE A. JANASIK, Plaintiff IN HiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 96-5509 CIVIL TERM LORI J. JANASIK, Defendant CIVIL ACTION - LAW IN CUSTODY AND NGI, this IC} consideration of the attached and directed as follows: ORDER OF CCURT day of ~ , 1996, upon Custody Conciliation Report, it is ordered 1. The parties shall participate in a course of counseling for at least one month with a counselor selected by the parties and counsel. The purpose of the counseling shall be to assist the parties in improving communication between them wi th respect to custody issues and to address specific disputes preventing the parties from reaching an ongoing custody agreement. The parties shall arrange for counseling sessions to begin as soon as possible following the Custody Conciliation Conference. The Father shall be responsible for two-thirds (2/3) of the counseling cost and the Mother shall be responsible for the remaining one-third (1/3). 2. The Mother shall cooperate in submitting herself and the Children to a custody evaluation scheduled by the Father with a professional of his choice to begin at the conclusion of the one month counseling period. 3. Pending further order of this Court, the Father, Bruce A. Janasik, and the Mother, Lori J. Janasik, shall have shared legal custody of Jonathon T. Janasik, born November 7, 1991 and Nathan B. Janasik, born January 16, 1988. 4. pending further order of this Court, the Father shall have custody of the Children, in alternating weeks from Wednesday after school until the following Sunday at 5:00 p.m. During the intervening weekends, the Father shall have custody of the Children from Friday at 5:30 p.m. until Sunday at 5:00 p.m. The Mother shall have custody of the Children at all other times not otherwise specified in this Order. 5. The parties shall have custody of the Children on holidays as follows: A. Thanksgiving - The Father shall have custody of the Children on Thanksgiving Day in 1996. B. Christmas 1. The Father shall have custody of the Children from December 20, 1996 after school until December 21, 1996 at 5:00 p.m. 2. The Mother shall have custody of the Children from December 21, 1996 at 5:00 p.m. until December 23, 1996 at 5:00 p.m. 3. The Father shall have custody of the Children from December 23, 1996 at 5:00 p.m. until December 24, 1996 at 4:00 p.m. 4. The Mother shall have custody of the Children from December 24, 1996 at 4:00 p.m. until December 25, 1996 at 2:00 p.m. 5. The Father shall have custody of the Children from December 25, 1996 at 2:00 p.m. until December 29, 1996 at 5:00 p.m. 6. The Children shall have telephone access at all times to the noncustodial parent. The noncustodial party may contact the Children at the other party's residence on Thursdays at 8:00 p.m. 7. The parties may modify the provisions of this order by mutual agreement. In the absence of mutual agreement, the t~of this order shall control. / / /1 , B)> 'THE COURT II' ( ;; (' 1/ J. cc: Barbara surnple-sullivan, Esquire - Counsel for plaintiff/Father Carol J. Lindsay, Esquire - Counsel for Defendant/Mother ~ ~~ "1, Cf/Cfra . ---- BRUCE A. JANASIK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 96-5509 CIVIL TERM : LORI J. JANASIK, Defendant CIVIL ACTION - LAW IN CUSTODY aJSTOOY cnlCILIATIOO &IIHARY REPORT IN ACCOODANCE WITH ClJoI8ERIJ\ND camY RULE OF CIVIL PROCEDllRE 19l5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE aJRRENl'LY IN aJSTODY OF Jonathon T. Janasik Nathan B. Janasik November 7, 1991 January 16, 1988 plaintiff/Defendant plaintiff/Defendant 2. A Conciliation Conference was held on November 12, 1996, with the following individuals in attendance: The Father, Bruce A. Janasik, with his counsel, Barbara Sumple-Sullivan, Esquire, and the Mother, Lori J. Janasik, with her counsel, Carol J. Lindsay, Esquire. 3. The parties separated in April 1996 and the Children resided primarily with the Mother until September 1996, at which time the parties agreed to try a shared custody arrangement on a trial basis. The Father filed a Custody Complaint seeking primary physical custody of the Children. 4. The Father's position on custody is as follows: The Father raised concerns regarding the Mother's involvement of the Children, particularly the older son in making custody decisions and, in general, assumption by the Children of too great a role of responsibility in the Mother's household. The Father believes that he had been the primary caretaker of the Children during the parties' marriage and seeks, at a minimum, a shared custody schedule whereby the parties would exchange custody on a weekly basis. The Father believes this arrangement would simplify the existing schedule and eliminate some of the communication problems the parties were having with regard to coordinating planning for school events, activities, projects, etc. 5. The Mother's position on custody is as follows: The Mother feels that the partie~' oldest son is a very responsible child who wishes to have his views and preferences heard on custody arrangements. The Mother does not believe it is unreasonable to take the Child's desires into account in establishing a custody schedule. The Mother believes that she had been the primary caretaker of the Children during the parties' marriage. The Mother stated that she agreed to the current, expanded schedule on a trial basis but that it has not worked well. The Mother proposed an alternating weekend partial custody schedule for the Father with some additional weekday time. 6. The parties were not able to reach an agreement as to ongoing custody arrangements at the Conciliation Conference. The parties agreed, however, to participate in joint counseling for a period of at least one month in an attempt to improve cOImlunications between them and ultimately resolve the outstanding custody issues. The parties and counsel selected Sally E. Rooney to conduct the counseling sessions. The parties also agreed that the Father would proceed to make arrangements for a custody evaluation to be performed after the one month period of counseling. The evaluation may be canceled if the parties are able to resolve their custody disputes through counseling. Finally, the parties were able to agree on specific custody arrangements for the upcoming holidays and on a schedule for telephone contact between the noncustodial parent and the Children. 7. Counsel for the parties will participate in a telephone conference with the Conciliator following the one month period of counseling to determine whether a hearing will be necessary in this matter. 8. The Conciliator recommends a Temporary Order in the form as attached, which reflects the Conciliator's attempt to reduce mid-week exchanges of custody as much as possible to minimize conflicts over school issues while maintaining the existing amount of contact by each party with the Children. ;\Juv ern bu Da~~~~ Custody Conciliator Date 13 /'l7~ , * (.-. A T- "".... I t ~ (~, ( (+ . F' Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : * v t..or, r j;, ,\liS' k 19 Defendant :CIVIL ACTION - LAW : 'Lr (; : NO. W.' .:U {' 'I CIVIL : CUSTODY/VISITATION ORDER OF COURT (;) ( t. " I"<IL AND NOW, this (date) , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before 0" ev" S 5."'{"> I ,<, the conciliator, at ~CI Lv. I"VI,\;,. s t {Vlttl-,t..,. ~t~,u/ l/'1 //Ci".':;. on the \'(1\" day of No~n"IP(1 _,19,,/6 , at '1:06n.I;I] M., for a Prehearing 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 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 temp,?rary or permanent order. , FOR THE COURT: By: .s:c ~/x/ 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 \.1": (), r c. ~ V_' <")' ~!.::: ~, i..l-' G \.{I t;.., " \;., '=.:> " """ ~ -...::::l--- ~ '" 01 Z g ~ g J ~ .J Z :J .. ~ tn Ill:;: Ul , ~ .J lj W'" >- ii: ..J UlIJ) ll.. a. III Z o :E C) Z ~:Jew < ~ 0- ..J tn III . ~ m n ... . z n: ~ :l <( a: CD w n: [I) <( :; CD :J U ~ Z c: ',.. e L. I:l--... 0 .;i.N\\'- <:"\) \..- ~ '" . <oJ-::::r ~"{, ~ C;::;~~ C.- T\ ~ ~.) , ~ ~ "":..2 ,. .' ^ '; ij ',("r,"'''' ,J;J\.;:.J::J ; BRUCE A. JANASIK, " :i : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - CUSTODY i LORI J. JANASIK, " :1 NO. j/!.. )")/1; CI('~j ...- I {,...... Defendant , I , :' !! ;1 CUSTODY COMPLAINT 1. The Plaintiff is Bruce A. Janasik (hereinafter referred to as "Father"), who I, i currently resides at 1444 Apple Circle, Apartment 167. Mechanicsburg, Cumberland County, " 'I : Pennsylvania. 17055. ii I: , :: 2. The Defendant is Lori J. Janasik (hereinafter referred to as "Mother"). who , I' I turrently resides at 1714 English Drive, Mechanicsburg, Cumberland County. Pennsylvania, ! 17055. 3. Plaintiff seeks shared legal and primary physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH , lonathon T. Janasik 1714 English Drive Mechanicsburg, P A 17055 11-07-91 : Nathan B. Janasik 1714 English Drive Mechanicsburg, P A 17055 01-16-88 4. The children are presently in the custody of the Mother who resides at 1714 : English Drive, Mechanicsburg. Cumberland County, Pennsylvania. 17055. :i I: 5. During the past five years the children have resided with the following persons ,i : ~tthe following addresses: ,I I' " I , DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD " ~ ; , 1991 - 4/3/96 1714 English Drive Mechanicsburg. P A 17055 Mother and Father Nathan 1 Jonathon II : ~/3/96 - Present " 1714 English Drive Mechanicsburg. P A 17055 Mother, Jonathon Nathan and Donna Ruth , \ I , , 1 I I 6. : The Mother of the children is Lori J. Janasik, currently residing at 1714 English ii i Drive. Mechanicsburg. Cumberland County. Pennsylvania. 17055. She is married, but :i I separated. ! II :i 7. The Father of the children is Bruce A. Janasik, currently residing at 1444 Apple :1 " i ~ircle, Apartment 167. II " : married. but separated. i: Mechanicsburg, Cumberland County. Pennsylvania, 17055. He is 8. The relationship of the Plaintiff to that of the children is that of Father. The " i rlaintiff currently resides with the following persons: i' NAME RELATIONSHIP Self 9. The relationship of the Defendant to the children is Mother. The Defendant , currently resides with the following persons: 2 BRUCE A. JANASIK. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA I Plaintiff :i :1 v. CIVIL ACTION - CUSTODY i: i ~OR1 J. JANASIK. " Ii 'I Defendant NO. VERIFICATION ;, Ii i : ' I, Bruce A. Janasik. hereby certify that the facts set forth in the foregoing CUSTODY I! , : ~OMPLAINT are true and correct to the best of my knowledge, information and belief. I " '~nderstand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 1 ~ection 4904 relating to unsworn falsification to authorities. ii " ~ 4A,,, " :f: I BRUCE A. JANrl \.,1 pated: , , 5 ",,' ,.,..,'-,-., ~,.:. ~, " - /. "",'-' ;;.; -;,.:; 'C .,., :' ~-, ,'; ,en ',1,..-,-, ':\'~;)';'.:-:. o-,_,fCC ' n;~;:: t~':,::I~~,'),: I; . II ~ ' ' ,~ II '21 . I':l '~' , . "~'" .......... ,'~~:..::~ . ,;. "'\:"-;?' , ';.:, ,.~.... ',.,; :): lY:": i,~-/:': " .,; , ' ,:,' '.)/ 'J' h\; '".- < .' ,.;7 ," -~:' ., 'rn ~ ~/:-:;~ ~(. :~:::I'i~J<fl~- tIt'I ~ j~ .":'~'fi ~ '. 'I. ~ j ~,:f ~::t~ .'\,;;i ~ "'''''. /.,....~ fol:. ,- , ..t j-.~)J ~1; ::.l-~t-k " '::jf~~ ~.i';~'}:?~!:,.;it~, BRUCE A. JANASIK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA vs. NO. 96-5509 CIVIL TERM LORI J. JANASIK, Defendant CIVIL ACTION IN CUSTODY ORDER OF COURT h' ,~,{i.'d f AND !ia'/, t 1S ,,\' ay 0 consideration of the attached Custody and directed as follows: , IF' '1" I 'Y(.l'fl" 1'\:"" Conciliation Report, , 199 , upon it isorderecl 1. A Hearing is scheduled ;r Court Room # 'd, ,of the Cumberland County Court House on the ,~\ day of _)O'f\\'(v"u~ ' 1997, at I' :2,() o'clock -E.,.m., at which time testimony willJ be taken in this case. At this Hearing, the Father, Bruce A. Janasik, shall be deemed to 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 each party's position on custody and also setting forth a list of witnesses who will be called to testify at the Hearing along with a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least 10 days prior to the Hearing date. 2. continue parties. The prior order of this Court dated November 19, 1996, shall in effect pending further Order of this Court or agreement of the cc: Edgar B. Bayley Carol J. Lindsay, Esquire - Counsel for Mother' f;;J.LY j '1(,. Barbara Sumple-Sullivan, Esquire - Counsel for Father i'~ ~ 1. BRUCE A. JANASIK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-5509 CIVIL TERM LORI J. JANASIK, CIVIL AcrION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley aJSTOOY COOCILIATICtl Sl!1MARY REPCRT IN ACCORDANCE WITH CU1BERLAND CXXMl'Y 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 subjects of this litigation is as follows: NAME BIRTIlDATE CURREN.rLY IN CUSTODY OF Jonathon T. Janasik Nathan B. Janasik November 7, 1991 January 16, 1988 Plaintiff/Defendant Plaintiff/Defendant 2. A Conciliation Conference was held on November 12, 1996, with both parties and their counsel present. As a result of that Conference, a Temporary Order was issued by tbis Court on November 19, 1996 which required the parties to attend a course of counseling for a minimum period of one month and also set forth a temporary custody schedule. As scheduled in the Custody Conciliation Surrunary Report dated November 13, 1996, the parties' counsel and the Conciliator held a telephone conference on December 19, 1996, one month after initiation of the counseling, to determine whether a Hearing would be necessary. 3. The parties have not been able to agree on a shared or primary/partial custody arrangement for the Children and therefore a Hearing will be necessary in this matter. Both parties seek primary physical custody of the Children. Accordingly, a proposed Order is attached scheduling this matter for a Heari ~ ,.;10 /'1'1U Date ' Dawn S. Sunday, Esquire Custody Conciliator . LAW O'I'ICEa BARBARA SUMPLE-SUL.LIVAN UQ BRIDGE STREET NEW CUMBERLAND, PYNNSY\-VANIA 17070.11131 PHONE (717) t74.14.a FAX (717)774-701:"1 THIS 18 A TRU! CO""ECT COI'Y 0' THE ORIGINAL ~./ " BRUCE A, JANASIK. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, CIVIL ACTION. CUSTODY LORI J, JANASIK, Defendant NO, 96-5509 ORDER AND NOW, this l<:;- day of ~~_, 1997, it is hereby ordered that the hearing scheduled for January 21. 1997 at 1:30 p,m, is generally continued due to the parties seeking psychological evaluations, Said hearing will be rescheduled upon the request of either party, J, ~ III ...;::. '1 i F '" ,. ~ .~'.: ." ; .",j'.j,..,~)~~":;~t7!':n:>,:,.....{~':;?~..~~~~.'Y;~~~7f.~,~r:"E..."!,,l;~;...!'-."'~"')';':''''",,~, .,-, -- '" 01 - 6 Z b < ~ > >- co >- J <( a' (v Z -'" .'~ ..J ~ N )<1' ::l ~ <( ws..~; w ~ -..,' ~;) 'Ii w 0<<:' ,-, ~ W ~ ,. --- ( . ..c;:!.. w ti t'. ~' ,- ..;J u ..J '" ~~.. ~ n. w z ~f) ~ ~ z . I",: ,.., .;~ 0 ~ e w 1..1.;.. C',~ .;.'. ~ ::l ~ n. _J,. t- i~ ~ Ul m ci li: ~ . '. ."l'l. . ,": C < ~ z ~3 0:: ID :s I'. ,") :. L.> (l' U < a: CD w 0:: m < ::; CD ::J U ~ Z -, P 377 421 203 us PO':ital Service Receipt for Certified Mail No Insuranco Covorage Provided Do nol use lor Intornational Mail SOtJ reversol Silnllo Ms. Lori J. Janasik StWll&Numbor 1714 En lish Drive ~"Sl OttIl=O. Statl!. & IIPtEooe Mecnan1csuurg, ~A 17055 Postage $ CIlr1diedFeo / SpedalDoh~erfFelJ ReSlnCled Delivery Fee 5' II 0 A.5D ..___'___ ___,~__~,__,~"OA"~"" -.. . ... _...- ,.._-~.-......,.'-_.,.,.' ,-, '-"'~.,"'--~"~ .-..,' ,-,,~, ~~"7."'.',"r,.,,,,,.....~.,,~,.....r-"'~"--~---"- .~ I also wish to receive the following services (for an' extra fee): 1. 0 Address'ee's Addres. ''" ... SENDER: ,'I, . ,Comp~te Items 1 ,rid/or 2 for additional servlcoll. I ~ :Comp,-teltoms 3, and 48 &. b. .' Print y'pur name ano addr... on tho roverae of thIs form so thet we can retum ttil,cerd to you. . :: _Attach ttlls form 10 Ihe fronl of Ihe mellplllce, or on Ihe beck It spsce ..s not pefmll. . 1.,~rite"Rot"mR'"I'tR.."..te.''onthem'I1'I'''b''OWth''''''',""mb''' 2. IilI Restricted Oelivsry~'.., i . _ The Return ReceIpt will Ihow 10 whom Ihelrtlcle wel delivered and lI'Ia d.le .. ""1':r. V; I Ii doily".d, ",. Consuit ostmsste, forfes, ,.,' Ii! \,3, Article Addressed to: ' : . 48. Article Number . - . tis LORI J JANASIK P 377 421 203 ",~.; 1714 ENGLISH DRIVE 4b, Service Type II: ')lECHANICSBURG PA 17055 0 Registered Dlnsuredi,',":", ~ I!: o COD , LJ~ pre_ 0 Return Recelptfc)f , , r A Me chandise ' .. 7 0 i,S' Ii :o~' c::; " J:; Id,esstOnlY if 'Squsstsdl, ,,; 1 g >- PS Form .!I " , , :\ :1;;':: ",.. "~I, ; i : .~ ; \ i 1 \ ii ~:-: \ \ , December 1991 ~u.s. apo: ,"2-323-402 DOMESTIC RETURN RECEIPT ,"