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HomeMy WebLinkAbout97-06869 * MOl\'" ~, Go\d.~\e \ \'\ Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : NO, b)-)l{Y\ CIVIL 19'11 : CUSTODYNlSITATlON ~. . Jo,/ \.~ A, l)oU.., \e\(\ Defendant QRQf:R OF COURT AND NOW, this .ldl..oJ.9l, upon consideration of the attached complaint, It Is hereby directed that, the parties and their respective counsel appear before , , theconclliator,at'I0 U l--\C1\!\ 0\" , ,( C ,on the ;.>, day of:, lcr\\ .0......& ,199~at (I :0(', I\,M., for a Prehearl Custody Conference, At such conference, n 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 the court, and to enter Into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT: By: (~nH\r\ ctJ ~lla.iliu/~f1l . Custody Conciliator (It>) ()~ 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 FOR BELOW TO FIND OUT WHE~E YOU CAN GET LEGAL HELP, OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240.6200 ~.... ~"'J ,.- f .~i~ It.: .. ,,' /;, 1:'5\:: "," ~l--.f- , .',. ., ~ p-"" 2f: nT4 } .~:.! J t.". lr) 5' . ,'J' , ~ Co' " [i: ~I; .,'Jid '" I,' i.1!(J,. c:: It. r>-.. " ? 5 ~ ~ p .:,) u .:;, U /l '" 0 '"" '.1\' 'J'! ~ :r T '" ~ ~ ~! >< 0 .... .... 0 ..l~ .... c: E-< ~ ~ lIt~ '... III III IB .... 'tl 0 c: c: u ~ .... QI ,lit III .... 0 Q .... . QI Col " ~ ~ ~~ -lit 210 ~ i ~ ll!l .., r~ H r.l tJ:l ~ ~' ! .... . 'Col E-< III o ,I E-< 00 j ..821 ':g 0 a: . .1 O' (I) /II: 0 ..l l> 0 .... {HJe 8 t, !fi ! E-< . Z ~ ,..l.o;~ .0: H .0: ~'~;:l~ o:.l ..:l ..... U lit > III >< X lIS He 0 0 ... ,., " . U'.,., , I ~}L, tEe 1 . 1!IJ7 (,7 0/", ~~ ~~ 3J ex_A , MARK S. GOLDSTEIN, IN THE COURT Of' COMMON PLEAS Of' Plaint,iff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 97-6869 CIVIL TERM . CIVIL AC1'ION - LtW JOYCE A. GOLDSTEIN, : Defendant IN CUSTODY/VISITATION aIDER OF CXXlRT AND to-l, this 4 H-. consideration of the attached and directed as follows: day of Custody ;::-~Il-Y Conc at on Report, , 1998, upon it is ordered 1. The Father, Mark S. C~ldstein, and the Mother, Joyce A. Goldstein, shall have shared legal custody of Scott C. Goldstein, born November 16, 1990, and Jesse L. Goldstein, born February 24, 1995. 2. 'rhe Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. During the school year, the Father shall have custody of the Children on alternating weekends, beginning February 6, 1998 from Friday at 4:00 p.m. until Sunday at 6:00 p.m., and every Wednesday, beginning February 4, 1998, fl:'om 4:00 p.m. until 7:00 p.m. For purposes of this provision, the Fathel:' shall pick up the Children at the babysitter's I:'esidence, unless the f'ather is able to make arrangements with the oldest Child's school which would pet1llit the Fathel:' to pick up the oldest Child after school on alternating Fridays and every Wednesday without the necessity of the Mother writing notes or communicating with the school. In the event a Monday school holiday falls immediately following the Father's pedcxl of weekend custody, the Father.'s period of custody shall continue through Monday at 6:00 p.m. B. During the summer school bl:'eak, the Father shall have custody of the pdl:'ties' Child, Scottt during altel:'nating weeks, beginning the first week after termination of the school year, with the exchange to t<lke place each Friday at 6:00 p.m. The Father shall also have custcdy of the parties' Child, Jesse, during the first week of summer school break when the Father has custody of Scott an:! during one week each month for the remaindel:' of the sUlTfl1er (during a week wnen the Fathel:' also has custody of Scott), with the specific weeks to be arranged by agl:'eement of the parties. The Father shall have custody of ~ Jesse during every weekend ~hen he has custody of Scott under the alternating \,j'eekly schedule. 4. The parties shall share or alternate having custody of the children on holidays as follows: A. christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas E:ve at 4:00 p.m. until christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 6:00 p.m. The Father shall have custody of the Children during Segment A in even numbered years and during segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. Alternating Holidays: The perioj of custody on the following alternating holidays shall begin at 6:00 p.m. on the evening before the holiday and end at 6:00 p.m. on the holiday. The Mother shall have custody of the Children in even number.ed years on Memorial Day and Labor Day, and in odd numbered years on E:aster, July 4th and Thanksgiving. The Father shall have custody of the Children in even nurr~ered years on Easter, July 4th and Thanksgiving, and in odd numbered years on Merrorial Day and Labor Day. ' 5. The Father shall be responsible to provide transportation when he is receiving custody of the Children under this Order. The Father shall also be responsible to provide transportation for return of custody to the Mother unless there is an emergency, in which case the Mother agrees to assist the Father in providing transportation. 6. The Father may have custody of the Children at additional times, not otherwise specified in this Order, as arranged by mutual agreement of the parties. 7. E:ach parent shall be entitled to reasonable telephone contact with the Children when they are in the custody of the other parent. 8. 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 agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE~0 ) ~ J. cc: Max J. Smith, Jr. - Counsel for f'ather (' ,., m\l\"'A. ;II "'/'!f. .1oyce A. Goldstein, Mother - '1) ,.." 'oJ (' I C.A-S~ #- (p gb / PETITION FOR CONTEMPT OF CUSTODY AGREEMENT The following document lists three different occasions where my ex.wlfe Joyce Baltsoll (fonnerly Joyce Goldstein) has violated our custody agreement, 1) On December 24,19981 was supposed to have custody of my children from 4:00 P,M, until Decomber 25.1998 at 12 noon, I spoke with Joyce on December 23 to see If I could pick the kids up earlier, Joyce sold It was okay, At 2PM on 12/24. my wife Brenda attempted to pick up the kids but Joce was not home so we could not pick up Ihe kids at this time. I left a message with the babysitter and my son Scott that I would call Joyce latllr to set up a pick up time. When my wife arrived home thera was a message from my son Scott that they were going out to eat and that he would call me when he got home so I could come pick him up. My wife Brenda left a message on Joycea answering machine that Scott should call her on the cellular phone and she would come pick up Ihe kids, Joyce never called but did leave her place of residence wllh the kids eo I could not pick Ihem up. I talked to Joyce and my son Scott on several occasions the night of 12/24 and Joyce refueed to let me pick up the kids, Joyce told me that I could get the kids on 12/25 at 12 noon and keep them until 6 PM on 12/26 which was supposed to be her visitation time for Christmas 19118. When I went to get tho kids on 12/25, Joyce refused to let me take my younger son Jesse at which time I called the police. Chloi Sherman of Middlesex Police arrived at Joyces house at which time I was finally able 10 get my kids. I then relurned my kids al6 PM on 12/26, Two days laler I received a lelter from Joyce slallng Ihat she was changing the weekend schedule visitation ( see att1lChed) since I had the kids for Christmas weekend, I had an attorney send Joyce a letter to remind her thai holidays overlde weekend schedules, 2) On Friday January 1. 19991 went 10 pick up my kids since this was my scheduled wfl9kand 10 have them, but Joyce was not there with them, I called the Police again and spoke to OffIcer Hutcheson of the Mlddlenx Township Police who told me they could not enforce cuslody agreements bul that he would take Ihe report, iii, !:I':: T; ";" :'I.i:'I);I!:: 1 il";'. ..j ';' : :0:;,:: '-" . ., Jo p.. ~Vl^-- ~r-' ~CLU dn.::t w.D-. ~Ql..l...I.A... Y,ClU.J will ,\\cd: ~.J-: ~~ o..s~ u ~ :;}.. w~ ~"- .::)~ ~ .~ ~."- ~ ~cJ, 9~...o.~ ~~ c\..~ ~...... VYWl... ~ ~').J>- l.AJ1iL iov o-r-- ~.-sd,\ ~. ~. LQ,~ ~ -6. ~. ~"" ~ ~cQ.. w~~~k I.."\.acv ~ .:jo..Q...::. :tt ~ CroLl-&', ~ -D.~..., -\0 j=J ~ d. ~ ~ ~ -6 C~ 'd.U-...!J lu(U..L~ ~ r ~ -.6 ~ li ~JL d~ \J..),.J -6,. J ~,~"'A/I 11.' ~ d C~ ~ 40 C.bJ-,,-. ^: -Y\.. n n.. 't> fu lj,au..>, ~ ~~ ~ I~ \ ,-"-dfl;:,n ~ ~............... d.. Clo ~,<-t~ f\ 00 ~ (b~ 6QeJ- JM?-. ~ ~. ~ ~ p '-(o...J . 6OtcJo ~J)~1. c\vd ~ ~ C.I/"'-O "'>A.r, uOW 10 <i...;l. ~ Lfau...) 7f.; l<-l .0'" \ ~ l.>\.CJ..U.'- c~ ~ ~~(U..' c.~' JJ;- UJ0P -.... ,';i(;;:(;:~:;';)';:.."i1:m: i~,~~~l:!i;!!;;~:;i'i';:" ~"" i',.., o..v~ J ~ tu.a.cof:. k.tWL- "l"Nl- . ~ c.\.o<~ <-t()LO...) :!' ~ 1\~'Aq Q~ ~ u.....-p ~~ ..\0 ~ \..I'I'""I\JL 'ii ~ j Lt~ ';, . I' "~.,-,-, . , , ' , . :p'.:;:.:;,>,::"'" d,ll!ll!:;::,;:i,:llPI/,"I' , ." ~.; , '. ~' , .:. ,I ':' , "",.' ,)H..~~I:'I;' ,('::i1i::j::;:.!.,:lW ': ;;11: : : i! i! i; ~f i:!: j: ~j; '<!1 . /. ';':!;I;:i:i.iiri~',:iV:! :: . ~ ~ ': l\:i, :';:;':':; ;i;:ijJ iji, , ')!:Y,'~';;i 'j' J '::";:::""',:::1::;';.;;1:: ,:.'1'I::.I.:.:I:.:.l:I',:'il; ",::'i!i]:!:::,'.':()::;.t1' :1.,., ". "1 ".I""~ "":::<<:"':;<:!y! 'II Il< ROBERT PETER IiLnm Attorney & Counsellor at Law 331 Brldge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070.0461 (717) 770.2540 tex (717) 770.2553 December 30, 1998 ,',' 'I;: Joyce A. GolJsleinllnilsell 62 Regency Woods North Cllrlisle,l'A 17013 Ite: Mllrk S, Goldstein v. Joyce A, Goldstein Courl of Common Pleas of Cumberland County, PA No, 97.6869 Civil Telln CustodyNisitation Dear Ms. Ilailsell: >- a... o o I'lease be advised lhallhis office now represents Mark S, Goldstein, Mr, Goldslein has advised this ornce ofrecenl violntions oflhe Custody Order dated February 4,1998. Specifically, you violated I'arngraph 4.A, of the Custody Order when you unilaterally denied my clienl his scheduled Christmas holiday visitalion, which was to have rim from Christmas Eve at 4:00 PM unlil Christmas Day at 12:00 noon, Furthermore, it is nlso my underslandingJhat you have threnlened to further violate this Order of Court with your indicalionthat you will be skipping my client's schedule" allemating weekend which is scheduled to commence Ihis Friday, January I, 1999, at 4:00 PM, nnd run until Sunday, January 3, 1999, at 6:00 I'M, Quite frankly, this behavior on your part is complelely unaccepluble and will not be loleraled, Your failure to have Scoll and Jesse available to my client on Friday, January I, 1999. at 4:00 PM. will result in a conlempt of court action being filed which, upon Ihe Court's discretion, may result in severe penalties levicd against you. .\ As a poinl of clarification, you should be advised tl13lthe Court will inlerpretthnl holiday visitalion supersedes weekend visitation, or any olher regularly scheduled visitation, and lherefore, your position thai because my c1ienl did have nn opportunity 10 see his children over the Chrislmas holiday as n basis for changing lhe weekends is misplaced and unfounded. The weekend schedule conlinues in ils regular course, with my client having this coming weekend, commencing January I, 1999, and each alternating weekend Ihereafler. I thank you for your allenlion to Ihis maller. Very IrIIly yours. RO[lERT PETER KLINE, ESQUIRE RPKlsrf cc: Mark S. Goldstein I' ~ ... - ~ MARK S. OOLDSTEIN, Plaintiff IN TilE COllR~' OF COMMOO PLEAS OF CUMBERLIINO COUN'l'Y, PENNSYLVIINIA vs. NO. 97-6B69 CIVH. TFJlM CIVH. ,\C'l'ION - LAW JOYCE A. GOLDSTEIN, Defendant IN CUS~DOY/VISITATION OIU>ER OF aJURT AND tot, this ~~:fA- day of ;::r.....tru...~ ' 1998, upon consideration of the attached custody ConcD.J.ation Ri!'por.t, it is ordet'ed and directed as follows: 1. The Father, Mark S. C.oldstein, and the Mother, Joyce A. Goldstein, shall have shared legal custody of Scott C. Goldstein, bor.n Novenber 16, 1990, and Jesse L. Goldstein, born February 24, 1995. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical 'custody of the Children in . j i accordance with the fo~lowing schedule:, ' " , . I ! , , . ' , " A. During the school year, .the Father'shall have 'custody of the Children on altt:lrnating weekends, beginning February 6, 1998 from Friday at 4:00 p.m. until Sunday at 6:00 p.m., and every Wednesday, beginning February 4, 1998, from 4:00 p.rn, until 7:00 p.m. For purposes of this provision, the Father shall pick up the Children at the babysitter's residence, u'aess the Father is able to make arrangements with the oldest Child's school which would permit the Father to pick up the oldest Child after school on alternating Fridays and every Wednesday without the necessity of the Mother writing notes or cOllll1unicating with the school. In the event a Monday school holiday falls inme<liately following the Father's period of weekend custcx:ly, the Father's period of custlxly shall continue through Monday at 6:00 p.m. B. During the summer school break, the Father shall have CU$tody of the parties' Child, Scott, during alternating weeks, beginning the first week after tetmination of the school year, ~rith the exchange to take place each Friday at 6:00 p.m. The 'F'ather shall also have custcx:ly of the parties' Child, Jesse, during ~,'Je first week of sumner school break when the Father has custcx:ly of Scott and during one week each month for the remainder of the sumner (during' a week when the Father also has custcdy of Scott), with the specific weeks to be arranged by agreement of the parties. ~~e Father shall have custody of , .. .' Jesse during every weekend when he has custody of Scott under the alternating weekly schedule. 4, The parties shall share or alternate having custody of the Children on holidays as follows: A. Olrisbnas: The Olristmas holiday shall be divided into SegmentA, which shall run fran Christmas Eve at 4:00 p.m, until Chrisbnas Day at 12:00 noon, and Segment B, which shall run fran ChrIstmas Day at 12:00 noon until December 26 at 6:00 p.m. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years, The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. Alternating Holidays: The period of custody on the fOllowj,ng alternating holidays shall begin at 6:00 p.rn, on the evening before the holiday and end at 6:00 p,rn. on the holiday. The Mother shall have custody of the Children in even nUlTtlored years on Memorial Day and Labor Day, and in odd numbered years on Easter, July 4th and Thanksgiving. The Father shall have custody of the Children in even numbered years on Easter, July 4th and Thanksgiving, and in odd numbered years on Memorial Day and Labor Da:t'. 5. The Father shall be responsible to provide transportation when he is receiving custody of the Children under this Order. The Father shall also be responsible to provide transportation for return of custody to the Mother unless there is an emergency, in which case the Mother agrees to assist the Father in providing transportation. 6. ThE! Father may have custody of the Children at additional times, not otherwise specified in this Order, as arranged by mutual agreement of the parties. 7, Each parent shall be entitled to reasonable telephone contact with the Children when they are in the custody of the other parent. e, This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The perties may modify the provisions of this Order by mutual agreement, In the absence of mutual agreement, the terms of this Order shall control. BY THE COURT, -1S.L ~_ C, ..Jj~k cc~ Max J. Smith, Jr. - Counsel for Father Joyce A. Goldstein, Mother J. " TRUE COpy FROM RECORD In T'"foll1YV 'c',h r:of, I h,rc u~to sal my hand and the se<11 of said Court at Carlisle, Pa, This.'t4.. day of-3iA." 19..,!f.{f _.....,.,..,.".~~r~i~~f~~....._. 1Jr ..... r:, n; -- j'., <..:; '> ,r. (\J ) () 1 I,' ." , ',' ("1 " Cl , I, ".. , L.._. J " , alternating weekly schedule. The Father shall return Jesse to the Mother's residence after the weekend period of custody on sundays at 5:00 p,m, The parties agree to exchange alternating periods of custody under this provision so that the Father shall have custody of the Children from July 16 through July 23, 1999 and the Mother 5hall have custody of the Children from July 9 through July 16, 1999. The alternating schedule shall resume thereafter. 5. '1l1e parties shall share or alternate having custody of the Children on holidays as follows: A, CllRIS'l'MAS: '1l1e Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 6:00 p.m. The Father shall have custody of the Children during segment A in even numbered years and during segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during segment B in even numbered years. B. THANKSGIVING: The parties shall alternate having custody of the Children over the Thanksgiving holiday from 6:00 p.m. on the evening before Thanksgiving through 6:00 p.m. on Thanksgiving Day. The Mother shall have custody of the Children on 'l'hanksgiving in odd numbered years and the Father shall have custody of the Children on Thanksgiving in even numbered years. C. REMAllIlNG fIOLIDAYS: The parties may share or alternate having custody of the Children over othlilr holidays as arranged by agreement between the parties. 6. The Father shall be re<lponsible to provide tr.ansportation when he is receiving custody of the Children under this Order. with the exception of the Friday exchanges of custody during the sUlTl1lElr when the Mother is receiving custody of the Children at the babysitter's residence, the Father shall also be responsible to provide transportation for return of custody to the Mother unless there Is an emergency, in which case the Mother agrees to assist the Father in providing transportation. 7. The Father may have custody of the Children at additional times not otherwise specified in this order, as arranged by mutual agreement of the parties. 8. Each parent shall be entitled to reasonable telephone contact with the Children when they are in the custody of the other parent. Nei ther party shall hinder or in anyway interfere with the other party's ability to have telephone contact with the Children as provided in this paragraph. 9. The partles shall ensure that neither the Mother's boyfriend nor the Father's spouse shall lIse physical discipline with the Children.