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Home My WebLink About97-00689 \ ~ ~ V, .::1 ~ ~ ~ .......... ~ '.:) ~ w.:, ~ . ~; \)- .-3 J t " \ granting the relief requested becausc the Father having primary physical custody and shared legal custody will be in the child's best intcrcst and permancnt welfare of the child. WHEREFORE, Petitioner requests the court to grant primary physical custody and shared legal custody of the child to the Petitioner. Respectfully Submilled, IRA H. WEINSTOCK, P.C. 800 North Second Strect Harrisburg, P A 17102 Phone: 717-238-1657 /) By: " . i /': /( /.' I ('____ / II : <)(..(' JASON M. WEINSTOCK j - 4 - B. On alternating weekends from Sunday at 1 :00 p.m. until Monday at 7:00 p.m. This alternating weekend schedule to begin on April 13, 1997. 3. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. Mothsr shall have Easter in 1 997, and the schedule shall alternate thereafter. These psriods of partial custody and visitation shall be from 9:00 a.m. until 8:00 p.m. 4. The Christmas holiday will be broken into two segmsnts. Segment A shall be from December 24th at 10:00 a.m. until 10:00 a.m. on Christmas Day. Segment B shall be from 10:00 a.m. on Christmas Day until 10:00 a.m. on December 26th. Father shall have Segment A in 1997 and all odd-numbered years thereafter and Segment B in 1998 and all even-numbered years thereafter. Mother shall have Segment A in 1 998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thersafter. 5. Both parties shall be entitled to two non-consecutive uninterrupted weeks of summer vacation with the child. Father is to notify Mother of the weeks in which he intends to exercise these periods of summer vacation by May 1 st of each year. In 1997 Father King at the White Commerce Center in York. 9. Both parties ugree that they shull not ubuse ulcohol or use any illegal drugs while the ehild is in their custody. I n. Such other times us the parties nmy ugree, BY THE COURT: Isl Georl!e E. Hoffer 4. Respondent has failed to comply with the Order entered by this Honorable Court and Petitioner has not been permitted visitation with the child since November 9, 1997. The Respondent has previously failed to abide by this Order. Petitioner wrote Respondent's Attorney, Juy Braderman, Esquire, on both prior violations. A true and correct copy of these letters are attached as Exhibit "B". 5. Respondent is able to comply with the Order entered by this Honorable Court. WHEREFORE, Petitioner respcctfully requests that a rule be granted on Respondent to show cause why she should not be beld in contempt of eourt for failure to comply with said Order. Respectfully submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: (717) 238-1657 By: ') I'f" U' ~ ,(I ut,.',' ,r-- 'I ,',' . ; JASON M. WEINSTOCK ~ Attorney for Petitioner I [ - 3 - l . \ COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) I verify that the stulelllents Illude in the u\luehed PETITION FOR CON- TEMPT ure true und correct. I understund thul fulse stutements herein ure l11ude suhject tn penulties of 18 Pu. C.S. *4904 reluling to unsIVom fulsificution tn mllhnrilies, ! I /, J (': h ~~. , 4../1~ ICHAEL S. USHL'A Dated: I ~/ ?) /9-j I I.. MICHAEL KUSH LA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-689 CIVIL TERM CHERYL KUSHLA, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this / :rlL day of ap-~L , 1997, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of the minor child, Patrick Jeffrey Kushla, d.o.b. May 6, 1993. 2. Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Saturday at 8:45 p.m. until Monday at 7:00 p.m. This alternating weekend schedule to begin on April 5, 1997. BXBIBI'l' -A. t . I , B. On alternating wsekends from Sunday at 1 :00 p.m. until Monday at 7:00 p.m. This alternating weekend schedule to begin on April 13, 1997. 3. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, labor Day and Thanksgiving. Mother shall have Easter in 1997, and the schedule shall alternate thereafter. These periods of partial custody and visitation shall be from 9:00 a.m. until 8:00 p.m. 4. The Christmas holiday will be broken into two segments. Segment A shall be from December 24th at 10:00 a.m. until 10:00 a.m. on Christmas Day. Segment B shall be from 10:00 a.m. on Christmas Day until 10:00 a.m. on December 26th. Father shall have Segment A in 1997 and all odd-numbered years thereafter and Segment B in 1998 and all even-numbered years thereafter. Mother shall have Segment A in 1998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thereafter. 5. 80th parties shall be entitled to two non-consecutive uninterrupted weeks of summer vacation with the child. Father is to notify Mother of the weeks in which he intends to exercise these periods of summer vacation by May 1 st of each year. In 1997 Father MICHAEL KUSH LA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97.689 CIVIL TERM CHERYL KUSH LA, Dsfendant CIVIL ACTION - LAW CUSTODY JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(bl. the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Patrick Jeffrey Kushla May 6, 1993 Defendant 2. A Conciliation Conference was held on March 27, 1997, and the following individuals were present: the Plaintiff and his attorney, Jason M. Weinstock, Esquire; the Defendant appeared with her attorney, Jay R. Braderman, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. , " II", H. WEINSTOCK WEND'" D. BoWIE dN<ON M. \VEINSTOCl< JOlIN B. DOUOIIER1Y AN'nION... N^T~E. III L...w OFFICES IRA H. WEINSTOCK, RO. SUITE 1 00 800 N. SECOND S'JnEET HNoHlSUlJRO. PENNSY1..V~1A I 7102 FAX. (7171 2:38'6691 AREA CoDE 71 7 ThL.EPtlONE: 2:38'1657 ... June 27. 1997 Jay R. Bradennan. Esquire 126 Locust Street Harrisburg, PA 17101 RE: KusWa \'. Kushla Dear Jay: It is my understanding from my client that this past weekend your client violated the custody order in the above-captioned matter. 1 addressed this issue in my correspondence dated ~Iay 30. 1997, which you indicated that you fOlwarded to your client on June 2. 1997. I would prefer not to file an action in contempt of court against your client. however. if your client continues her contemptuous conduct, my client will have no choice. My client is sometimes required to work overtime. While the scheduling of over time is not a frequent event. the occasion arises and my client will ohviously need 10 make alternative arrangements for the pickup of his son. Al these times of need. my client will request thaI his girlfiiend, Melissa, pickup his son. This is very similar and in fact analogous to what your client has done in the past. Please advise me as to your client's position, Verv trulv yours, \"' "'O' l' , / ""-', i AJ .- JASON M. WEINSTOCK JMW:TZ cc: Michael Kushla EXHIBIT "B" IfJ09lJ; .. . . .,..:'''; ij~~~;~'~::~:-: " . Y. ~~~~ j -t~\ '-" ~;.~'" . .:. ',.JJ ::".' -,.41. .',';,,: 'Ql :3,,;,~; 2,:- .}~~'" _'~ :~}~~\t:i; ":' ::.:...~:t:S-; ,'~~;}a" I;';,::~!,,' f%~~~&e ;,.:" '~_"J::,~,H_'1'_"'" 'J"':..o -~""'{.:,I;;,,~, ,\.....~ . 'j . ~ 'r:/ Ql ,'0 , ,r:/, J (- cj' ..' ':, ~ ';.'E ~ ~. , 81; l!; hnl'~' j~;E I ' I . . i '3:,' . .,~. ',.... " ~.' ';"". 't: '" , , " ~ ~ -,:.;; .:,' '-,. .' -.~! e,,' , "J "I.' ...... , :' :'- . '., " . , .'..;. '; .-l. " ..;'" " ~ ,.~' . ,~',. : .~. ,'. " ,...' '-~ '" . " >.~ ,,' ;,.'" , <i .,,~: ::," " . ~ ;:~,~:,~':., ; ',. \~ :-.-, : .~ .,,-" ;.: . '.~ .~. . " " '.'~ , .;' ~ . .... L1I9HIlII (LILI, IINOIlll1l~ 10lLI V1NYA'LUNNIcI 'Olnl1lDY}{ .bIUlI QND:lIlI 'N DOlI OOIWnll 'O'd 'llOOJ.INIIM 'H wI no,"o M'I'J . .. <1\-gl~ ! LAw c:imcu IRA H. WIIN'TOCK, P.C. SUIR 100 aoo N. SICONO STUIT HAutJIUIO, PlNNlYLVANIA 17102 TUUHONI: (717) 211&'16117 ..... 1 ,j .' , 8. On alternating weekends from Sunday nt 1 :00 p.m, until Monday at 7:00 p.m, ThiS alternating weekend schedule to begin on April 13. 1997. 3. The parties shall alternate the following holidays: Easter. Memorial Day, Fourth of July, Labor Day and Thanksgiving. Mother shall have Easter in 1997. and the schedule shall alternate thereafter. These periods of partial custody and visitatIOn shall be from 9:00 a.m. until 8:00 p.m, 4. The Christmas holiday will be broken Into two segments. Segment A shall be from December 24th at 10:00 a.m. until 10:00 a.m. on Christmas Day. Segment 8 shall be from 10:00 a.m. on Christmas Day until 10:00 a.m. on December 26th, Father shall have Segment A In 1997 and all odd-numbered years thereafter and Segment 8 In 1998 and all e'/en-numbered vears thereafter, Mother shall have Segment A in 1998 and all even-numbered years thereafter and Segment 8 In 1997 and all odd-numbered vears thereafter. 5, 80th parties shall be entitled to two non-consecutive ~n"lterrupted weeks of summer vacallon wuh the child. Father IS to notdv Mother of the weeks In which he Intends to exercise these periods of summer vacation by May 1 st of each year. In 1997 Father MICHAEL KUSHLA. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-689 CIVIL TERM CHERYL KUSHLA. Defendant CIVIL ACTION. LAW CUSTODY JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFERENCE SUMMARY RE!'ORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3.8Ib). the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDA TE CURRENTLY IN CUSTODY OF Patrick Jeffrey Kushla May 6, 1993 Defendant 2. A Conciliation Conference was held on March 27. 1997, and the following individuals were present: the Plaintiff and his attorney, Jason M. Weinstock. Esquire: the Defendant appeared with her attorney, Jay R. Braderman, Esquire. 3. Items resolved by agreement: See attached Order. -l. Issues yet to be resolved: See attached Order. ..... t1l91'1l1l1 (tltl :aNOHn1t~ 10Itl'1NY^~Nld 'o.n.~ .1l11J.ll ONo:nll 'N 0011 001 Ulnll 'O'd ~OO.L'NIIM 'H VII no".p MV'l , -. ~t __\'. \ . LAw Omcu IRA H. WEINSTOCK, P.C. 5uml00 eoo N. 51COND 5TU1T HAuuIUIO, PlNNlYLvANIA 11102 TILIftIONI: '(111) 2511-16&1 ..... DEC15StP .. " r ~ t MICIIAEI. Kl iSH!.:\, 17\ THE Clll iRT OF C{):\I:\!{)\ 1'11,\:-' t'l ::\IBERLAND ('{)l i\TY, 1'1;\\,\. o Pelilioner. I'S, \0, '!7.ClS') (';I'il TCrIll CHERYL KUSHL:\. Respondent. ('1\'11 ,\CTI{)\ . 1..\ \\' t'l'STODY RUI.E TO SIIOW CAUSE WilY RESPONI>ENT SHOUI.D NOT BE HELD IN CONTEMPT AND NOW. Ihis day or 1')IIi, 1I1'"1l "",,"l-,,. alion or Ihe within petilion, a rule is hereby gramcd upon resl'llndcnl. ('hcryl Kushla, III ,hll\\ cause why she should not he held in ,onlempt Ill' WlIrt lill \1\ II rul 1:111111'1: 10 obc'l Ibc' I lldcT ,,' partial physical custody entered April 15, I')l)i. Rule relurnable the day or , 1')')7, In Court Room or the Cumberland County Courthouse, Carlisle, Pennsyll'ania at ll\:I\I..:k .m, BY TIlE COLRT; .I MICH:\EI. KI'SIII.:\. 1;-': THE ('01 'RT OF ('ml:\IO;-': PI.E,\S I 'll:\IIlERI.:\~:D ('( 1I Xry, PE\\A I'etilillner, \'S, No, 'Ii .ClS') ( 'il II Tc'rm ('IIERYI. KUSIILA. Respondent. CI\'IL :\ClIII\ . 1.,\\\' I 'l iSTOny I'ETITION FOR ('ONTE!\II'T Petilioner. Michael S, Kushla, by and through his attllrlleys, Ira I I. \\'elnslo,I;, P,C.. respectrully pelitions tbis Ilonorable Court thai Resp"ndem be hdd III ,ollteml'l "I ,'''1111 lor railure to ,omply wilh this Court's :\pnl 15, 1')'1i Order granting parli:lIl'hysical L'lIsl"d, to Petitioner and in support Petilioner respectllllly represellls that; I. Petitioner is :\Iichad KlIshla, an mdillllllal reSiding al 1-1')1) Ilallllll"I,' Road, Dillshurg. Pennsylvania, I iOI'). York l'ollnly, , Respondel1l is Cheryl Kushla, an In.!illdllal resldillg ,II SIl RIChl.lIl\! Lane. :'r~, C.1I11p Hill, Pennsyll"lIlia, 17011. l'lIl11berland ('tllIllty J, On April 15, 1')1)7, this I10ntlrahk ("Hlrt enlercd .111 Order. ,I Irllt: ,111.1 correcl copy llr II'hich is attached hereto as Exhihit ":\," granting Pelllllllter partial ph~ 'IL',,j custody 01' Patrick Jel'frey Kllshla, Pelllll1ner's natllral child, Illr the pllrptlses tll' I 1S1!:IllIlIl according to the folloll'ing scheduk: I, The parties shall share legal primary physical clISltldy 01' Ihe mll1l1r Child, Patncl; .Iethey KlIshla, d,oh, :\lal h, 11)1),~ 2, \Iother shall hal e prllllar~ phlslCal clIstodl 01' Ihc nllnor chtld suhJect to pen ods .,1' partial 'lIstod~ 'lIld Ilsllatloll \\'Ilh Father as Il)llolI's; ~ , , ~ ~ ('OMMONWEALTII OF PENNSYLVANIA ~. I t-; ss: COUNTY OF DAUPIIIN I I'erify thul the statements Ill<llle in Ihe atluchcd PETITION FOI{ COjlo;- TEMPT arc lrue and corrcct. I understand llml rulse slutemcl1ls hercin arc made suhject to penalties of 18 Pu, C.S, ~4')1l4 rduting to unsworn Illlsificution to authorities, J / /; Dated: " , /1"'" _ I .~" / I " f\. '_, I'l_ I MICHAEL S, KUSIILA MICHAEL KUSHLA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs, NO, 97.689 CIVIL TERM CHERYL KUSHLA, Defendant CIVIL ACTION. LAW CUSTODY AND NOW, this I ,fit.... ORDER '1 . day of Ci__~4...L , , 1997. upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1, The parties shall share legal custody of the minor child, Patrick Jeffrey Kushla, d,o,b, May 6. 1993, 2, Mother shall have primary physical custody of the minor child subject to periods of partial custody and visitation with Father as follows: A, On alternating weekends from Saturday at 8:45 p,m, until Monday at 7:00 p,m, This alternating weekend schedule to begin on April 5, 1997, EXIII III 'I' nAn B, On alternating weekends from Sunday at 1 :00 p,m, until Monday at 7:00 p,m, This alternating weekend schedule to begin on April 13, 1997, 3, The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving, Mother shall have Easter in 1997, and the schedule shall alternate thereafter, These periods of partial custody and visitation shall be from 9:00 a,m, until 8:00 p,m, 4, The Christmas holiday will be broken into two segments, Segment A shall be from December 24th at 10:00 a,m, until 10:00 a,m, on Christmas Day, Segment B shall be from 10:00 a,m, on Christmas Day until 10:00 a,m, on December 26th, Father shall have Segment A In 1997 and all odd-numbered years thereafter and Segment B in 1998 and all even-numbered years thereafter, Mother shall have Segment A in 1998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thereafter. 5, Both parties shall be entitled to two non-consecutive uninterrupted weeks of summer vacation with the child, Father is to notify Mother of the weeks In which he intends to exercise these periods of summer vacation by May 1 st of each year. In 1997 Father t r 5, The Plaintiff's position on custody is as follows: See attached Order, 6, The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested, 8, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: April 9. 1997 "-# t , .j , Michael L. Bangs Custody Conciliator ..: ..... , t1l91,1l1l1 (tit) :aNOHn1t~ ..' - 10ltl '1NVA'UlNNld 'olnltlllVH .l.llUll ONo:nll 'N 0011 , 001 Ulnll 'O"d '1I00J.INI1M 'H VII n:Jl..p MV'l '. . LAW Omcu I.... H. WllNITOCIt. P,C. 5UITll00 eoo N. 51COND 5TU1T HAW.aulG, PlIlNIYI.VANIA 11102 TIUfIIONl: '(111) 288'16&1 .... 0E.e15.!JP .. . B, On alternating 'Neekends from Sunday at 1 :00 p,m. until Monday at 7:00 p.m, This alternating weekend schedule to begin on April 13. 1997, 3, The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day and ThanksgiVing, Mother shall have Easter in 1997, and the schedule shall alternate thereafter, These periodS of partial custody and visitation shall be from 9:00 a,m, until 8:00 p,m, 4, The Christmas holiday will be broken Into two segments, Segment A shall be (rom December 24th at 10:00 a,m, until 10:00 a,m, on Christmas Day, Segment B shall be from 10:00 a,m, on Christmas Day until 10:00 a,m, on December 26th, Father shall have Segment A In 1997 and all odd-numbered years thereafter and Segment Bin 1998 and all e'/en-numbered vears thereafter, Mother shall have Segment A in 1998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thereafter, 5, Both parties shall be entitled to two non-consecutive uninterrupted weeks of summer vacation With the child, Father is to notlfv Mother of the weeks In which he Intends to exercise these periods of summer vacalion by May 1 st of each year, In 1997 Father If<^ Ii, \VEINSl'Oell \V"ND'o' 0, ElO\\1!: ./A..'<ON "1, \ \'EINSTC>CI( .)OIlN B, OOl'GII!:Rn' .'\:;nION'o' :-.'^TAU;, III L"w O"-FICc;S IRA H. WEINSTocn:, Re. SIIIT!: I 00 BOO N, S~;COND S-numT I-L"1HlSBt 'HO, PI;NNS"_VANIA I 7 I 02 FAX' (717) :!ae'GG91 "''\UI:''\ ('"....oDt: 71 7 1l;U:1'1I0NE: 2:38'1 ti5', .... June ~i. 1l)'Ji Jay R, Brademlan. Esquire 126 Locust Streel Harrisburg. PAl 710 I RE: Kushla Y. Rushla Dear Jay: It is my understanding from my client that this past weekend your client I'iolated the cuslody order in the abol'e-captioned matter, I addressed this issue in my correspondence datcd ,\Iay 30. 1997, II'hieh you indicated that you Jorwarded to your client on June 2, 199i, I 1I'0uld prefer not to file an action in contempt of coun against your client. hOll'el'er. if your client continucs her contemptuous conduct. my client will ha\'e no choice, :>'Iy client is sometimes required to 1I'0rk o\'enime, While the schcduling of oyer time is nOI a frequcnt cI'ent. the occasion arises and my client lI'ill obl'iously need to make altcmatiye arrangcments for the pickup of his son, Al lhese times of need, my client will request thaI his girlfriend, :>'Iclissa, pickup his son, This is I'ery similar and in fact analogous to II'hat your client has done 111 the past. Please ad\'ise me as to your client's position, V cry tml\' \'ours, \ ~ " - 0- ,t.r -- JASO;": :>'1. WEINSTOCK J:\I\\':T2 cc: :>'Iichacl Kushla EXHIBIT "B" ~,Ol ft. . '~!. \L f (' llnmlllill18llll"ID cJ W I-< p.; N '.... 0 ::l ~ 0' +J :i ... ~ III W 0 ...~ ~U WN Wz 1-<0 0 w< I!: > .p.. .;.J.-i ~ !< 8"";; .>: Ul.... ~ U . .-i ~ tIl ~o'" ;:6~ 0 :v..'T:1 0 ir. .;.J U " . ... -uW III 0 0":: :>w" ~ ~ V'lV'lu" "E-< up.. ~ z'" '.... Ul W ~~ WZUl :::H tJ' == ~..c: I-< '" . :::+J ::l '" < < :z 1-<.0 :J: , 0 III = ,,;r: z'.... .... 0 I-< III ;iig I-< "' "' ..., HCQ ;r: .. ....:< 0 I- .,,^ , , ,\'; 'I.~~ I~ ~ 1'(5, 11ll'll'II\~ I j I I I i U Po: N := :i ... r-- ~ E-o ...~ I.l ~z ." ..... o ~< ..... ~> .0 1 ~ ""'8V'1~ 11l(lJr-- ~ CI.l_OV'l .....c..... -j zz .r:rJ is Z ~ 0 L IIlH I J ... 5 u~ :3 .:: .1 :S~V'I~ . :'<:'Oll. ! ..., ~ zo: C , ~~ .....11l . , >,..... ..... I :Ii Oi ...c ..... I 0: (lJ U'.... ! < < .c '.... :I: J: U~ I == 0- i .... '1Il e III I I1l "j ::;:00 u I I i 0 , l- I , I I I I I I .1 I I I I