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Home My WebLink About01-2095 FX , '" . ~&~- ~JIt JVeM 43.%o4i q)uk, Jb.eet o/<Wic, f?lJ~ /7401 7/7-845-76'.95 May 8, 2001 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Re: Koshinskie v. Dynarski 01-2095 Dear Court Administrator: I represent the Plaintiff in the above-captioned matter. Please forward the enclosed Stipulation for Custody which has been executed by the parties to the appropriate Judge for signature and filing with the Prothonotary, I enclose a stamped, self-addressed envelope for return of a clocked-in copy to my office. If you require anything further, please advise. Very truly yours, ~7JJ. ~ HARRY M, NESS HMN/MK Encs. I i I !~~}~-~~ -~';C-'!'~---- '<<,\<""'-0-;'_ "'_""_"_~_ ,," - ""'.' ,. ~--<< --i' I" " ". " "'-.""-~ ex," " ',-'~-_l -"., -, -.., - - ~..--- - -c_1?-'"">'''"'_' ,",,~,_ - _ ,.'-_ ,~, . - '~,' ,.v. ~_~ _ "' _ ,_, ~ !I)~ ,;'.- - - ~ ~;! " " APR 1 0 Z001!P (Y\ .' . Ii JOSEPH T, KOSHINSKIE :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA :Civil Action - Law :No. O'-~Q9S Civil 2001 : Custody/Visitation VS, JANET DYNARSKI ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the day of , 2001, at am/pm, 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. 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: Custody Conciliator 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 AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 . - "'I';CI-'~~ - ',', ",". ~~-- -. ,'"'" - L ~"~ ~- ,~, , , '-'1 H' ,~;!_<_""'_ ~~II ,.,< " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH T, KOSHINSKIE -' No. e)/- .:2oq~ Civil 2001 vs. Civil Action - Law JANET DYNARSKI Custody PETITION FOR CUSTODY AND NOW comes the Petitioner, Joseph T, Koshinskie, by his attorney, Harry M, Ness, Esq., and files the following Petition for Custody. 1. Petitioner is Joseph T, Koshinskie, an adult individual residing at 3533 Lisburn Rd., Mechanicsburg, PA 17055, 2. Respondent is Janet Dynarski, an adult individual residing at 106 Third Ave., Mont Clare, PA 19453. 3. petitioner and Respondent are the parents of one minor child, Joseph Eric Koshinskie, born April 26, 1987, 4, Petitioner seeks shared legal and majority physical custody. 5. The child has resided with the Petitioner since August 25, 2000, and prior to that with the Respondent, 6, The Petitioner has participated as a party in litigation concerning the custody of this minor child previously in Montgomery County. 7, Petitioner 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. _ ~'.. "-<-I'" ,_-r,_ . I;,~", ' -""'~ "', -' ". " . 8, The best interests and permanent welfare of the child will be served by granting the relief requested, 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. All other persons named below who are known to have or claim a right to custody or visitation of the child have been given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Petitioner respectfully requests your Honorable Court to grant joint legal and majority physical custody of the minor child to Petitioner. Respectfully submitted, C .c:.-:- ~~, HARRY M. NESS, ESQ. (23936) Attorney for Petitioner . , -1-,),- _n_ _ ~~ I'" ~. . . ^ ,,:S ~ --~ ':' ' , ,----- .. . The foregoing Petition based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Petition and to the extent that the document 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 content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa.C.S. Section 4094 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Dated: #i)1 ;;~f~ tf'/ __'I, .-,.-I-'r' ~, ,= ",", >".- '1 . '," ,~ """,,, ,~ 1!~Jl["1~;1 i_~ ~~ - o f; -,.,;,-' d;5cL ~_7~ {XL ~l~:.,c r;g % '"", .~< ~C_._ "c_"_, ,-. ,~ . . '.Ci '.-'-' ~J-' (:l;) ~ , )~1f! 1I!!';4,1'~'T'r'7'_.,""il ~~iil,i:l1i'!I;""'llf\1}li'ii:h'l'0~'{1"~li';0~"J'X-j).~;'Wilf'ik!i~!!~!l<~","~1;j'ili~~f~~~W:;j"i1't\',~ , ~ JOSEPH T. KOSHINSKIE PLAINTIFF V. JANET DYNARSKI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2095 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 17, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Seuate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, May 07, 2001 at 9:15 a.m. 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 defme and narrow the issues to be heard by 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, aud Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq.1J;5 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 TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - '~mw"!''l'll ,,.,e ~- ~ r ~ I " - ... . --.-- -~lIIJIiIiii_llIi"~~ ," ~,,,,,,,i';lg,;~~1~}it.,,*~,,wt;,:;i,ipXj)J"..;;'';'~~.Ii!-4litl&i!;\il'l!.-~ ',-- -i,c1d"~_,, ,,->~,~S;4~~!i~'~~d~ _[.t~_1Jtl1lllt_l-id'= ~ ,,,O""'__"M -~~ ---~ II-N.el! ~~ ~ - ~~~-.ll!l:' A9 Ilii.' ~ i) , I ~:<, 1: n~: ,j #~ ~~ ~, 7Z4~ y """'. "~~-~~ ~I , i 1;[ MAY 0 8 Z001 tfJ JOSEPH T. KOSHINSKIE Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, No. 01-2095 Civil Action - Law JANET DYNARSKI, Defendant. In Custody ORDER OF COURT AND NOW, this 4th day of May, 2001, the Conciliator, being advised by Plaintiff's counsel that the parties have reached an agreement and signed a Stipulation, hereby relinquishes jurisdiction in this case. FOR THE COURT, (~u Melissa Peel Greevy, Esquire Custody Conciliator (' 1.,,- "---'~'i''''_~~~"."01,_"'-" -' "--'1' -"~ , -~. I J - ~ -~, -." . , " l' _~___, , I I, .~ ~ -" '"~ " = .0_'_,'"' <_ ,__ ~_. , _ ""~, .",~'~-..,"" 'N' "'" ,- '-',,"'.--,,'-';f '~','~""- -,"",,_,,- '<fiN'v'i\lASNrJ3d JJ.NnO~j C1i\i\n~_r~l2VJno b--l".' U I '" . J ~tO I I 1I1i1 1',0 I h '>i ,'~ JJJ\7J.Dh!C"-' J:-.) 3::Ji,+<>-(L: H --_,_" -.,~_~' '"~_'_'''"'_'"''~~'~,O'''''''-M ~_,~. "^=~ .,_.. ~ Iffi. . I~ l~,~ ~"',,,,,,~II!IJU!I!i!"1?'-," ,l~!fij~~~'f"1~-;1j!'F1F'iWfl'f.P-!I~~WR'~~~'~~fi!f'~~~~~i~ . r I , , IN THE COURT OF COMM:lN PlEAS OF Cm1BERLAND COUNTY, PENNSYLVANIA I I JOSEPH T. KOSHINSKIE No. 01-2095 I vs. I JANET DYNARSKI STIPUlATION FOR CUSTODY AND NOW, this 7th day of May,' 2001" come Janet Dynarski, hereinafter referred to as Mother, and Joseph Koshinskie, hereinafter referred to as Father, and execute this Stipulation for Custody as follows: WHEREAS, Janet Dynarski and Joseph Koshinskie are the parents of one minor child, Joseph Eric Koshinskie, born April 26, 1987; and WHEREAS, the parties had formerly had a custody agreement entered by Hon. Marjorie C. Lawrence, Judge, Court of Comrron Pleas of Montgomery Cmmty, on February 22, 1993, a copy of which is attached hereto ~' and incorporated herein by reference; and WHEREAS, the parties are desirous of changing the tenus of that agreement as to custody of the mi.nor child. NOW, THEREFORE, in consideration of the mutual promises, agreements and covenants contained herein, the parties hereby mutually agree as follows: 1. Majority physical custody shall be with the Father with Mother's rights of minority physical custody to be identical to that of the Father as set forth in the prior agreement hereinabove captioned, more specificall y: (a) On alternate weekends commencing September 1, 2000, from ".",""",~m,_ ~"''''-'''"'' , "' 11-, :f (f,~." 0 _ _~ . " " , , , T , , Friday at 5:00 p.m. tmtil Sunday at 8:00 p.m. (b) On alternating weekends for one day, that day being either Saturday or Sunday, at the election of the Mother, canmencing on Saturday, September 9, or Sunday, September 10, and alternating thereafter from 10:00 a.m. to 10:00 p.m. should the visitation be exercised on a Saturday or 10:00 a.m. to 8:00 p.m. should the visitation be exercised on a Stmday. (c) During the summer months, which is defined by the parties to be when school is not in session, for a period of six weeks. f'bther may exercise this period of time either in whole or in any interval which she chooses, however, provided that Father shall have at least two uninterrupted weeks during the summer. Mother shall give sixty (60) days written notice of her intent to exercise the same. (d) Regarding holidays, the parties have agreed that the holidays shall be alternated. The holidays to be alternated are going to be New Year's Day, Easter Stmday, Memorial Day, Independence Day, labor Day, M3.rtin Luther King Day and President's Day. f'bther I s first holiday shall be labor Day, 2000, and alternating thereafter. Holidays shall be exercised from 10:00 a.m. until 8:00 p.m., however, should a holiday follow a normally scheduled weekend, the Mother is not required to return the child but may keep the child through the evening at the conclusion of that holiday. (e) As far as Thanksgiving and Christmas vacations, the parties are going to equally divide that time. By way of illustration, if Thanksgiving vacation is four days and Christmas vacation is twelve days, that would be a total of sixteen days. Each party shall have eight days during those holiday periods. 2 "r - '.'.1' _",~,,,,,. _ .e ,_ '-. ~ " '. " 'j , , (f) Mother shall always have Mother's Day and Father shall always have Father's Day. These days ,shall supersede any other previously scheduled times. (g) Holidays shall supersede any other day. (h) Both parties herein recognize that it is in the best interests and permanent welfare of the child to maximize the contact and, therefore, Mother shall have rights of minority physical custody at such other times as the parties may mutually agree. ( i) Both parties agree that neither shall make disparaging ': remarks regarding the other in the presence of the child. (j) The parties are commended for reaching this agreement. 2. This Stipulation shall be entered as an Order of Court. , ~ ~~.J )~~~. ANET DYNARSKI 3 ;^"y~~ - '0'''''''".''- _ - !'I~ ,'~,_,""_ ~ ._'. ",~ .~_ _ _,,~~ . , ?~~A~~~ ~~ ~_ l' J' IN THE COURT OF COMMON PLEAS IN AND FOR THE COUNTY OF MONTGOMERY~ PENNSYLVANIA FAMILY DIVISION JANET DYNARSKI No. 89-11926 vs. JOSEPH KOSHINSKIE Custody Agreement Monday, February 22, 1993 Commencing at 11:48 a.m. Court Room 2 Montgomery County Courthouse Norristown, Pennsylvania BEFORE: THE HONORABLE MARJORIE C. LAWRENCE, JUDGE COUNSEL APPEARED AS FOLLOWS: CHERYL YOUNG, ESQUIRE for the Petitioner MARK B. DISCHELL, ESQUIRE for the Respondent . ""',~~F_r ,. 1 2 3 agreement? 2 THE COURT: You've worked out an 4 MS. YOUNG: Yes, we have, Your 5 Honor. 6 7 8 9 10 THE COURT: Swear in the parties. JANET DYNARSKI, having been duly sworn, was examined and testified as follows: JOSEPH THOMAS KOSHINSKIE, having 11 been duly sworn, was examined and testified as follows: 12 MR. DISCHELL: Your Honor, if I 13 may, I would like to read into the record the parties' 14 understanding. We would ask that this understanding be 15 treated as an agreement and be incorporated and approved 16 by you as an order of the Court. Ms. Young and I intend 17 to fine tune some of the details later so that the 18 parties have a written order, but until that is done 19 this would be the order of the Court. This also is a 20 modification of previous orders of the court, and I'm, 21 going to try to state the appropriate terms as we've 22 agreed. 23 First off, the parties are going to 24 share legal custody as that term is defined by the case 25 law and statutes of the Commonwealth, .-< ~ ~ """ -,~ , c r-~_~.", ~ 'r~ ~, -,~~ .. 1 3 2 Secondly, Ms. Dynarski is going to 3 continue to have primary physicar custody, with Mr. 4 Koshinskie having partial physical custody on the 5 following occasions: 6 First, on alternate weekends, and 7 that would be from after the boy -- I'm going to refer 8 to him as "the boy," because his name is the same as his 9 father's, so I don't want to confuse anyone -- after the 10 boy completes school, Mr. Koshinskie will pick the boy 11 up at the boy's bus stop where he alights from the 12 school bus as opposed to picking him up at school. 13 During times when there is no school, of course, he will 14 pick up the boy at the mother's residence. From what I 15 understand, the bus drops the boy at the bus stop at 16 approximately 3:45. 17 MS. YOUNG: Excuse me. I don't 18 mean to cut in and correct you, but my understanding was 19 that the weekday visit would be from the bus stop when 20 Joe starts taking the bus, but the Friday, Ms. Dynarski 21 wanted to see him before he left. So Friday it would be 22 from Ms. Dynarski's home at five o'clock. 23 MR. DISCHELL: Okay. That's fine. 24 That would stand as corrected. 25 The return time would be, on days ~. ~ "~"~" ~ ~- .' .. 1 4 2 when the boy does not have school -- or let me make it 3 easier -- on the days when the boy has school the next 4 day, it would be at 7:00 p.m. On days where the boy 5 does not have school the next day, it would be at 8:00 6 p.m. 7 THE COURT: How about if he has 8 camp the next day? 9 MR. DISCHELL: If he has camp the 10 next day, I assume we hadn't thought of such a 11 contingency. I don't think we'll have to -- hopefully, 12 we don't have to argue about that. 13 THE COURT: All right. 14 MR. DISCHELL: The pickup of all 15 partial physical custody visits will be at curb side or 16 at the bus stop. This is from past orders and as well. 17 Mr. Koshinskie will also have 19 school year, and that will be on alternating Tuesdays , i ,.Lt ,. v; {,i ! ,._; t /" / , r , I ,< 18 partial physical custody one day per week during the , 20 and Thursdays, and that will be at the bus stop as 21 described earlier, until 7:00 p.m. On one week, it will 22 be Tuesdays; the next week it will be Thursdays. On 23 those occasions, if the boy has a karate lesson, Mr. 24 Koshinskie understands it's incumbent upon him to take 25 the boy to the karate lesson. o,~~ ~ ~.. "'Tr-""n 1 5 2 During the summer, Mr. Koshinskie 3 will have six weeks of partial physical custody. We are 4 going to attempt to reach a mutually agreeable 5 resolution of when those six weeks are to be. We're 6 probably going to have some communication on that, but 7 it's generally intended that it's going to be in three, 8 two-week increments or two, three-week increments. On 9 those occasions, but for one period of time when Mr. 10 Koshinskie has two uninterrupted weeks, Ms. Dynarski 11 will have the weekends as is pursuant to the same time 12 and same schedule as Mr. Koshinskie has when he sees the 13 boy for his partial physical custody. 14 We've also agreed that in order to 15 alleviate a lot of problems with the parties' holidays, 16 we're going to alternate them as well. The holidays I ~ :, - 17 that we're going to alternate are going to be New Year's ,_.,. 18 Day, Easter Sunday, Memorial Day, Independence Day, 19 Labor Day, Martin Luther King Day and Presidents' Day. 20 On those holidays when Mr. Koshinskie has his partial 21 physical custody with the child, he will have the child 22 from 10 a.m. until 8:00 p.m. 23 As far as Thanksgiving vacation and 24 Christmas vacation, the parties are going to equally 25 divide that time. By way of illustration, if '-~"""""''''~''''''''''''~''', ~ e . ~ _!I'IIil'!!'> l ,14 "~ I' ~. ~' , , 1 6 2 Thanksgiving vacation is four days and Christmas ,'. I 1. ~" (' \ 3 vacation is 12 days, that would De a total of 16 days.~ 4 Mr. Koshinskie would have eight days, and Ms. Dynarski ' 5 would have eight days as well. 6 Mr. Koshinskie will have partial 7 physical custody of the boy on Father's Day from 10 8 until 8:00 p.m., and Ms. Dynarski will have primary 9 physical custody of the boy on Mother's Day. The 10 holidays will supersede the normal alternate weekends. 11 We've also agreed that during the 12 summer, Ms. Dynarski will have two uninterrupted weeks 13 as well with the boy. 14 Cheryl Young and I have labored 15 long and hard as far as keeping the parties in some type 16 of therapy or monitoring situation. Thanks to Doctor 17 Schechter's recommendation, we were able to arrive at a 18 solution. what we've determined is, with the aid of 19 Your Honor, that Doctor Barbara Zasloff will continue to 20 monitor the situation as determined by Doctor Schechter. 21 I believe in his report he recommended that the parties 22 see him or a psychiatrist -- we would change that to a 23 psychologist -- three times a year. The parties are 24 going to equally bear that expense and go to Doctor 25 Zasloff. Naturally, if they feel they should see Doctor _ '? '''''r,oo,'''"C-'''C''''''t' '''''''~''_ ~~''"'''''''~ _ ~~ . r 1-'" 1 2 7 Zasloff more often, that might be a very good idea. We 3 would encourage that to eliminat~ any problems and keep 4 the parties out of the legal process. 5 The other thing regarding that is 6 that Ms. Dynarski has asked that if there are disputes 7 between her and my client, that she be able to prevail 8 upon my client's mother, Mrs. Koshinskie, to act as 9 mediator or as a conduit, if you will, and we have no 10 objection to that, fully understanding, of course, that 11 her decisions are not binding. I mean, they're 12 obviously advisory in nature. 13 THE COURT: The wisdom of a 14 grandmother always has to be respected. 15 16 17 yet. 18 MR. DISCHELL: Fine. THE COURT: Even though I'm not one MR, DISCHELL: We also want 19 inserted-- 20 THE COURT: I think it's a good 21 idea and very nice that Ms. Dynarski has a good 22 relationship and a good attitude about his mother. I 23 think that's very encouraging and very nice. 24 MR. DISCHELL: In order to foster 25 more mutual communication and cooperation, Ms. Dynarski ':d)'l" ,. ""'" " -,., .r1 -, .. . . . 1 8 2 is going to ma~e available to Mr. Koshinskie all of the 3 boy's pediatric records, medical Tecords. Mr. 4 Koshinskie is going to obtain the services of a 5 pediatrician in Shamokin where he resides. We're doing 6 this not only so the pediatrician in Shamokin has the 7 medical records and can deal with the boy's problems, if 8 there are any, but to minimize on Mr. Koshinskie's part 9 that there has been any misconduct on the part of Ms. 10 Dynarski. Where we certainly don't anticipate that, 11 that's one way where I think we can eliminate a lot more 12 intervention in this matter. 13 I think the parties will supply 14 each other with reasonable telephone access. We have 15 already requested telephone access when the boy is in 16 the custody of his mother, and we will certainly supply 17 reasonable telephone access when the boy is with his 18 father. 19 We've agreed that Doctor Zasloff is ,20 hot to serve as an evaluator. The purpose of her 21 treatment is to eliminate problems between the parties 22 and certainly not to be an evaluator. As of now, Doctor 23 Schechter is still the evaluator. I believe, he was 24 appointed by this Court, 25 I believe that's it from our ->,~~ _ ,J.O .....,.rril!lllillll _ " "'" ~~ --. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _T_ , . 9 perspective, Your Honor. THE COURT: LS that your understanding, Ms. Young? MS. YOUNG: Yes, it is, Your Honor, although I have a couple of minor additions. I want to clarify certain things. During Mr. Koshinskie's period of partial custody with Joe, it will be his responsibility to feed Joe dinner, both on Friday night and on Sunday, because he'll be picking the boy up before four and returning him at seven or eight o'clock. So he's to feed him dinner as well as on the weekday visits. As far as the curb-side visitation, I want to specify that that means Mr. Koshinskie provides all transportation, and he's to stay in the car. Ms. Dynarski is to stay in the house, and they're not to communicate with each other. Unfortunately, the need for this is because there have been a lot of accusations of harassment in this matter. I'd like to state, for the record, that both parties will refrain in every way possible from harassing each other. If there is harassment from one party to another, it will be contempt of this custody order. The parties are to refrain from harassing each other. - ~ T- - ~_. * . . , . . 1 10 2 MR. DISCHELL: We would just add 3 that there were several petition~ for contempt 4 outstanding that my client has filed, and we're 5 respectfully requesting Your Honor to permit us to 6 withdraw them without prejudice. 7 THE COURT: Very well. Whatever 8 outstanding contempt petitions that still are in the 9 system are withdrawn without prejudice. 10 MS. YOUNG: As far as the bus stop 11 pickup on Tuesday or Thursday, right now the boy is not 12 taking the bus. He'll be taking it in the fall. So 13 before he takes the bus, it will be 3:45 at the home. 14 Once he's taken the bus, it will be at the bus stop. 15 I want to make it clear that right 16 now the boy has karate on Tuesdays and Thursdays. But 17 in any event, Mr. Koshinskie's week-night visitation 18 should not interfere with any activities that the boy is 19 involved with at the time. Mr, Koshinskie, of course, 20 is welcome to take him to the activities and attend the 21 activities. We don't want him to be missing activities. 22 If it's not karate but it's football, I want it 23 understood that that is covered in the order. 24 THE COURT: I trust that the mother 25 will give him a schedule ahead of time, so he'll know TjF.J> 1ILI'__1T ' , . . 1 11 2 where to go with the child for karate or where to go for 3 the football game or whatever ac~ivity it is. 4 5 MS. YOUNG: Absolutely. MR. DISCHELL: And conversely, Your 6 Honor, we would assume that any activities that the boy 7 is enrolled in will be not undertaken to deprive my 8 client of time with the boy. I don't want the boy 9 getting harp lessons or riding lessons or some 10 MS. YOUNG: His involvement right 11 now is all sports related, and I think Mr. Koshinskie 12 would be more than happy to be involved. 13 14 THE COURT: MS. YOUNG: okay. As far as reasonable 15 telephone contact, we'd like to specify that on the 16 every other weekend when Mr. Koshinskie has partial 17 custody, the boy contact Ms. Dynarski, collect is fine, 18 sometime on Saturday to be sure she gets a call. 19 As far as the pediatrician in 20 Shamokin, we feel that is an excellent idea. We want to 21 make it clear that that's in place of taking pictures of 22 bruises that the boy may have. There's not to be 23 pictures taken of the bruises. If there is a concern, 24 he goes to the doctor, 25 We do need a telephone number for F"~""_"'i"'''''W-,,?,~_~_.~ ,-..,., r'-r ~ , ".~"", ~" [1 . . 1 12 2 Mr. Koshinskie, other than the parents' number, where we 3 can contact him during the week in case of emergency. 4 MR. DISCHELL: Fine. 5 MS. YOUNG: I believe that's all. 6 The 8:00 p.m. return on holidays, I 7 assume that is holidays where there is no school the 8 next day; 7:00 p.m. if there is school the next day. 9 Most of these don't have school the next day, but Easter 10 would, Labor Day might and Martin Luther King and 11 Presidents' Day does. If there is school the next day 12 after the holiday, the return should follow 13 I would assume that MR. DISCHELL: 14 if it is Mr. Koshinskie's weekend and the next day is a 15 holiday, he does not have to bring the boy back for -- 16 MS. YOUNG: Absolutely. 17 THE COURT: Very well. 18 Mr. Koshinskie, you've heard the 19 agreement recited on the record. Is this your 20 understanding? 21 MR. KOSHINSKIE: Yes, it is, Your 22 Honor. 23 THE COURT: And you want me to 24 enter an order in accordance with these terms? 25 MR. KOSHINSKIE: I do, Your Honor. ='"' t 'C- . '<!~ '" ~ ~ . .' . , . . 1 13 2 THE COURT: Your attorney and Ms. 3 Dynarski's attorney are going to ~ubmit a written order 4 which sets forth what was recited on the record; is that 5 your understanding? 6 MR. KOSHINSKIE: Yes, Your Honor. 7 THE COURT: Very well. 8 Ms. Dynarski, you've also been 9 present while the terms were recited on the record by 10 your attorney and Mr. Koshinskie's attorney. 11 MS. DYNARSKI: Yes. 12 THE COURT: These are the terms 13 that you've agreed to? 14 MS. DYNARSKI: Yes, except we were 15 going to look at the summer vacation pending Doctor 16 Schechter's-- 17 MS. YOUNG: I'm sorry. I meant to 18 specify that. Doctor Schechter, in his report, didn't 19 specify anything about the summers. 20 THE COURT: Unless he has a reason 21 to advise not to have it, unless he's negative about it, 22 you will go along with it; is that correct? I can see 23 you're hot thrilled about it, but you will be thrilled 24 about it in the future, won't you? You're all going to 25 cooperate. ~_llI"l1[II:~ _ 1-- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 <~" ,..,,44 , ,.. " " . , . . . 14 I will await the submission of the written ord'er from both counsel. - Upon request of Mr. Koshinskie, his outstanding petitions for contempt are withdrawn without prejudice. So the matter, so far as the Court is concerned, is settled in accordance with the terms recited on the record. I will await the written order, and I'll approve it, assuming that you've comported it with what's been stated on the record. MR. DISCHELL: That's fine, Your Honor. Thank you. MS. YOUNG: Thank you, Your Honor. (At 12:06 p.m., proceedings were concluded.) .t .1 .. . ~ . .. 1 " II * -. '- ., 15 2 .Q.J;..R.T..1..L.1...Q.1l..T.J;. 3 4 I hereby certify that the 5 proceedings and evidence are contained fully and 6 accurately in the notes taken by me in the above cause 7 and that this is a correct transcript of the same. ~C 8 9 10 11 U Prpich 1 Court Reporter 12 Received and directed to be filed 13 this 19 day of 14 15 16 17 18 19 20 21 22 23 24 25 :--'%-!J_Il!li~ ! ,t~ ..~ ~" "'JIll!' "- ~ -I~f"_' J. ~ " k ::'''~~7_ " cl . < , " ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . JOSEPH T. KOSHINSKIE vs. JANET DYNARSKI AND NOW, TO WIT, this ORDER ~(J n, No, 01-2095 e ,'.,/I'L day of {VI, , 2001, upon consideration of the foregoing Stipulation for Custody, IT IS HEREBY ORDERED AND DECREED that the same is entered as an Order of Court. &/""'U E. c,,;~ * ->=~ ". "~&" _ _, ___. ^ ~,L",',. _, __, .~ _'__,_., " ,- >~ ~ ff", . , VIN\I\l'\8N~,13d A1Nnc{) CF' .:\ r-1\ '-", ,\lnO .~u .') 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