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Home My WebLink About98-05822 I~ ~ lot ~ .. ::l. .~ .. ~ fit ~ ')- ~ , " ~ .. :;) .~ - I-C ,V) l. \~ - - .:>> .. '-.J ~. C"'t eo. \q MRP-12-99 04:4a PM f'.~7499':.. :" ., 6. The panics shall alternate the following holidays from 9:00 a.m, until 9,00 p.m,: New Years, Easter, Memorial Day, July 41h. and Labor Day, The father slul.ll commence the schedule having the children on New Years Day in 1999, The holiday schedule shall supercede the regular "hedule, 7, The panies shall alternate the Thanksgiving Day Holiday from 9:00 a.m. until 9:00 p.m, The mother shall have the childnln Thanksgiving Da~ b 1998, 8. Each year for the Christmas Holiday the mother shall have the children from noon on Christmas Eve unlil Christmas Day at noon, and the fAther shall have the children from noon Chrillmas Day unlil 9:00 p.m., and additional time during the children's Christmas vacation by mutual agreement of the parties, 9. The father shall have the children on Father's Day from 9:00 a,m, until 9:00 p.m, and the mother shall have the children on Mother's Day from 9:00 a.m, and keep them for the remainder of the day, 10. The father shall have the children for 2 weeks vacation each summer, and shall give the mother 30 days notice as to his intent to take vacation, The mother shall have the right to have the clilldren 011 w'lekcnds during the fllther's var.ation time unless the father takes the children on a vacation trip including weekends, The mother also has the right to take the children on a summer vacation including a maximum of 2 weekends. The par1ies shall provide each other wilh addresses and telephone numbers where they can be reached during their vacation, II. The mother and father, by mutual agreement, may vary from this schedule at any time. but the Order shall remain in effect until further Order of Court after a concilication conference, " MAR-12-99 04:49 PM IlnLEY LAW OFFICES 6"374996 12, Therc shall be reasonable notice givcn to the othcr party if a scheduled period of partial custody needs to be canceUed or modificd and a make.up period shall be offered within a reasonable time frame, 13, Thc mother and fathcr agree that each ahaIl notity the other immediately of medical emergencies which arise while the children are in that parent's care, 14, Neither party shall de anythirg which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and nstural development of the children's love or respect for the other p,arent By the Court, 1.11 'U.:........ a.. . ~ Kevin A, Hess, Judge n;. O~,,;,.."'" -..." "" ,,_. ofPI~. . L Char ~s A ' y~~~ . -~ '.. JOHN CHARLES SIIIRVINSKY. Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ) ) ) ) ) ) ) ) CIVIL ACTION - LA W CUSTODYIVISIT AT/ON vs, NO, 98-5822 CIVIL TERM CARROL ANN SIIIRVINSKY. Defendant ORDER AND NOW, this , n' ." day of . 1998, upon reccipt of the lJu.-c--IA- Conciliator's Rcport, it appcaring that a hearing is nccessary, it is hercby ordered and directed as follows: I, A hearing is schcduled for the l).';; day of -)} i d ,~ r' { 1991: at '/, ~ (! o'clock ~,M" in Court Room Number -L of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel. will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony, Additionally, both parties will submit their proposal for a resolution of the matter. 2, Pending said hearing, the Order of October 12. 1998, shall remain in full force and effect with the following modifications: A, Father shall participate in any individual and group therapy as needed and as dctermincd by the minor children's thcrapist Mother shall notify Father of any and all appointments, ':1 r ,or: I ~. , . f:~j ,.'-:.. ',\:W II: n2 , -1:'1 '",ol , , .' contact with Father, The telephone contact in no way should be perceived as a violation of any Orders entered in this ease and it is intended t(lr the Father to have open communication with his daughters, BY THE COURT. Kathleen Carey Daley. Esquire Legal Services, Inc, 4 KEY! , HESS. J. .';'<-&L /=>-/I';-)'},/-p' mlb JOliN CHARLES SIIIRVINSKY. Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ) ) ) ) ) ) ) ) CIVIl. ACTION - I.A W ('IJSTODY /VISITATION vs. NO, 9X-5X22 CIVIl. TERM CARROl. ANN SIIIRVINSKY. Defendant JUDGE PREVIOUSLY ASSIGNED: Thc Honllrahlc Kcvin A.llcss CUSTOIlY CONCILIATION CONFElmNCE SUMMARY ImpORT IN ACCORDANCE WITII CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8(h). thc undcrsigncd Custody Conciliator submits thc following rcport: I, Thc pcrtincnt inJorrnation conccrning thc child(rcn) who is(arc) thc subjcct of this litigation is as follows: NAME B1RTHDATE CURRENTL Y IN CUSTODY OF Laurcn Bcth Shirvinsky Cristin Ashlcy Shirvinsky Dcccm bcr 17. 1982 April 9, 1985 Dcfcndant Dcfcndant 2, A Conciliation Confcrcncc was held on Novcmbcr 19. 1998, and thc lollowing individuals wcrc prcscnt: thc Plaintiff and his attorncy. Kathlccn Carcy Dalcy. Esquirc; thc Dcfendant appearcd with hcr attorncy, Legal Serviccs, Inc" Esquirc, 3, Itcms resolvcd by agrecmcnt: See attachcd Ordcr, 4, Issucs yct to bc rcsolvcd: Scc attachcd Ordcr. 5, Thc Plaintiffs position on custody is as tallows: Fathcr indicatcs that sincc thc partics scparatcd in Scptembcr, hc has bccn wrongfully accuscd of making tcrroristic thrcats which ~:~.'.',: subsequently resulted in a Proteclion li'OI11 Abuse action being liIed and a Consent ()rder entered into between Ihe parties. lie stales that there has been no issues of abuse inlhe past 10 eilher his children or wife and that the resulting actions have prevented him from having open and complete access with the children, Ilis position at the custody conciliation was that the oldest daughter is estranged Ihllll him. primarily because of the whole breakup but that the youngest daughter has expressed a strong desire to live with him and that he wants his youngest to come live with him. 6. The Defendant's position on custody is as 1()lIows: Mother states that the existing temporary order entered in this case and the modiJication made at the conciliation arc adequate. She believes that the Father has taken sides in this dispute and lilVorS the youngest child to the detriment of the oldest child, She further indicated that the oldest child docs not want to go on the visits with Father and that therc is a significant estrangcment bctwecn them, She would be very resistant to the youngest child going with the Father in that shc docs not believe the Father would havc the appropriate structure for thc child and Ihatthe two daughtcrs should not separated, 7, Nccd lor scparate counsel to represent child(ren): Neither party requested, 8. Need lor independent psychological evaluation or counseling: See attached Order. 9. A hearing in this matter will take one day, 10, Other malleI's or eommcnts: This is clearly a case that calls out lor intcrvention by a trained psychologist The family is in a state of crises as a result of the recent upheavaL This has caused the situation where the teenage daughters arc experiencing some significant adverse .;. ! , , i I .. erreets Iromthe lililout in that the oldest child has a si~nilieant estmn~ement/rol11 her Father and the youngest child apparently is linin~ up with the Father. lJnl(lrtunately. the linaneial conditions or the parties arc such that they cannot am,rd to get the involvement or any psychologist. ^pparently the children arc currently being seen through the Iloly Spirit Mentalllealth Unit. through medical assistance. The parties agreed with the Conciliator that they should be part or any counseling sessions and to the extentthatthosc counseling sessions can continue. Ihe parties agreed that they would attend the counseling sessions to try to gct at the root or the various issues that have arisen, In the evcntthat the mcdical assistance drops and they have nothing available, the Conciliator strongly suggested that they lind a ncutmllhird party who can get the issues on thc table. Thc parties agrecd that they would take that step Irthe current therapy sessions were discontinued, The Conciliator set Ihis case ror a hearing but strongly suggested to thc parties that a hearing in this case would not be benc/icial at all given the issues that arc raised, Ira hearing becomes necessary, the court will have 10 get at the root or the issues as they relate to the daughters. The court will have to determine why the oldest daughtcr docs not want to have contact with the Father and why the youngest daughtcr is now expressing a desire to live with the Father, Given the lack or communication between the parties and the apparcnt empowerment that has occurrcd with the daughters in this case, the court will have to set a firm. detailed schedule and make it clear to thc daughters that they must rollow the schedule, The daughters, '" -.., ,,~~..... ...,,,........... JOHN CHARLES SHIRVINSKY. Plainlill' IN TilE COURT OF COMMON pLE,\S CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW v, /7 '. (: C:t tL( L- ~/J NO. S'i~2~ CARROL ANN SHIRVINSKY, Dcfcndant IN CUSTODYIVISITATION ORDER 0,.. COURT You, CARROL ANN SHIRVINSKY. Defendant. have been sued in court to obtain custody, of the childrcn: Lauren Bcth Shirvinsky and Cristin Ashlcy Shirvinsky, You arc ordcrcd to appcar in pcrson at Cumbcrland County Courthousc. Onc Courthousc Square, Carlisle, Pennsylvania 17013, on ,at ,M" for a conciliation or mediation conference, _ a pretrial confcrence, _ a hearing before the court, If you fail to appear as provided by this ordcr, an order for custody. partial custody or visitation may be cntered 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, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 I r .; .1\ AMERIC,\NS WITH DISABILITIES ArT OF 1990 The Court or Common Pleas or Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For inrormation about accessible racilities and reasonablc accommodations availablc to disabled individuals having business berore the court. please contact our ofticc, All arrangcmcnts must bc madc at least 72 hours prior to any hearing or busincss berorc thc court, You must attend the scheduled conferencc or hearing, BY THE COURT: Date: JOHN CHARLES SIlIRVINSKY. I'laintitl. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY.PENNSYL VANIA CIVil. ACTION - LAW v . -, } , (:' " '/ J'. ,"j J ~ J _It,.d -7.-,." NO. CARROL ANN SHIRVINSKY. Defendant IN CUSTODYIVISITATION COMPLAINT FOR CIISTODY I, The Plaintiff is John Charles Shirvinsky. an adult individual who resides at 517 Gale Road, Camp Hill, Cumberland County, Pennsylvania 170 II, 2, The Defendant is Carrol Ann Shirvinsky, an adult individual who resides at 445 Devon Road, Camp Hill, Cumberland County, Pennsylvania 170 II , 3, The Plaintiff seeks custody of the following children: ~ Present Residence ~ Lauren Beth Shirvinsky 445 Devon Road Camp Hill, P A 15 Cristin Ashley Shirvinsky 445 Devon Road Camp Hill, P A 13 The children Lauren Beth Shirvinsky and Cristin Ashley Shirvinsky were not born out of wedlock The children are presently in the custody of Defendant, Carrol Ann Shirvinsky who resides at 445 Devon Road, Camp Hill, Cumberland County, Pennsylvania 170 I L 4, During the past five years, the children have resided with the following persons and lit the following lIddrcsses A Dcfcndant ClIrrol Ann Shirvinsky 445 Dcvon ROlld. Camp Hill. PA Scptcmbcr I. 1998 - Prcscnt B, Plaintiff John Charlcs Shirvinsky and Dcfcndant Carrol Ann Shirvinsky 445 Dcvon Road. Camp Hill, I'A Junc, 1996 - Scptcmber I, 1998 C Plaintiff John Charlcs Shirvinsky and Defcndant Carrol Ann Shirvinsky 4 Campbcll Place, Camp Hill, PA Junc. 1995 - June, 1996 D, Plaintiff John Charles Shirvinsky and Defcndant Carrol Ann Shirvinsky 2539 Shellburne Drive, Wexford. P A April, 1991 - June, 1995 5, The mother of the children is Carrol Ann Shirvinsky. currently residing at 445 Devon Road, Camp Hill, Cumberland County, Pcnnsylvania 170 II, She is married to Plaintiff, however, a divorce action is presently pending at docket number 1998-05463, 6, The father of the children is John Charles Shirvinsky, currently residing at 517 Gale Road, Camp Hill, Cumberland County, Pennsylvania 170 II, He is married to Defendant, however, a divorce action is presently pending at docket number 1998-05463, 7, The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: ~ Relationship None, ;~ i .,.., 8, The relationship of Defendant to the children is that of Mother The Defendant currently resides with the following persons: ~ Relationship Daughter Daughter Lauren Ileth Shirvinsky Cristen Ashley Shirvinsky 9, PlaintilT has not participated as a party or witness. or in another capacity, in other litigation concerning the custody of the children in this or another court, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or elaims to have custody or visitation rights with respect to the children, 10, The best interest and permanent welfare of the children will be served by granting the relief requested because: A Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and genuine desire to do so, B, The Plaintiffis capable of providing the emotional stability for the children which is needed at this time, which the Defendant cannot C The children have expressed a desire to live with the Plaintiff. D, The Defendant has involved the children in problems of the parties in an inappropriate manner. YLLUl:lCt\T10N I verify that the statements made in this Complaint are truc and corrcc\, I undcrstand that false statemcnts hcrcin are madc subjcct to the pcnaltics of 18 PaC'S A ~4<)04 relating to unsworn falsification to authoritics Date:~ By VEI{IFI('ATION I veriry that the statements made in this Complaint are true and correc\, I understand that raise statements herein are made subject to the penalties or 18 Pa,CSA ~4l)04 relating to unsworn falsitieation to authorities, Date: /D J I {q ~ I By: the parties, 5, The support order, docketed at number 740-S-1998. PACSES Number 8731 00318, relating to the support of the minor children. Lauren Shirvinsky and Cristin Shirvinsky. is canceled, The effective date of the cancellation of this support order shall be Monday. December 11.2000, 6, The parties shall keep each other informed of their respective current addresses and telephone numbers, 7, The parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children, 8, During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication, The parties shall likewise assure. to the extent possible, that other household members and/or house guests comply with this prohibition, BY THE COURT: 0~ /1-, JL / ,l / / JOliN C. SIIIRVINSKY, PlaintilT IN Tilt: COllIn' OF COMMON 1'J.t:AS CUMIJERI.ANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LA W v. CARROL A. SIHRVINSKY, Defendant NO. 98-5822 IN CUSTODYIVISITATION STIPULATION FOR CUSTODY WHEREAS, Plaintiff and Defendant are the parents of two minor children. to wit: Lauren Shirvinsky and Crist in Shirvinsky; WHEREAS, Plaintiff and Defendant, after careful consideration and the opportunity for the advice and assistance of counsel, have reached an agreement to provide for the custody of these children without the need to litigate the matter before this Honorable Court and asks the Court to adopt this agreement as its Order; WHEREAS, it is the belief of Plaintiff and Defendant that the agreement reached herein provides for the best interest of these children; NOW THEREFORE, intending to be legally bound, the parties agree as follows: I. The Order of Court, dated October 12, 1998, and docketed at No, 98-5309 Civil, relating to the custody of the minor children, Lauren Shirvinsky, born December 17, 1982, and Cristin Shirvinsky, born April 9, 1985, is vacated, 2, Plaintiff and Defendant shall have shared legal custody of their minor children, Lauren Shirvinsky and Cristin Shirvinsky, Shared legal custody shall provide each parent with the opportunity to join in Ihe important life decisions affecting the children, including such matters as health, educalion, and religion, Each parent shall be provided with full acccss to all medical, educational and religious information concerning thc childrcn, Medical advice or service for thc childrcn shall be administered only by thc family physician designated by the Plaintiff except in emergency situations, 3, Plaintiff shall have primary physical custody of the children, 4, Defendant shall have periods of partial custody with the children. upon agreement of the parties, 5, The support order, docketed at number 740-5-1998, PACSES Number 873 J 00318, relating to the support of the minor children, Lauren Shirvinsky and Cristin Shirvinsky, is canceled, The effective date of the cancellation of this support order shall be Monday, December 11, 2000, 6, The parties shall keep each other informed of their respective current addresses and telephone numbers 7, The parties shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children, 8, During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication, The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition,