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HomeMy WebLinkAbout99-02247 ,,' '< $i;2.r,,_:;",'. ~';^ b"~i:' ~.1.:' ", ;.' :"":" ,'" ~':~ ,', .....,;"", I ~" ~~!7}, ,,,-,.,", '<..... .,.". ,. .. ;.=>> - C::J .....t"- :~:':Jo ,,;~'. ._'. . "..,~ , ,;c:t- '(3- :...s ,,';ir,'~ ~l!'~\;i .. @ >- -'" 'J;; c.~ .,-: wr! .:J c.J ~c~ ::c: ~t:) L.... T (,J ..:r- CICT.: lUI.L. rr~~:, 0;:: rt~; fl. ~t 11.. C"\ <.:.1 C;;, is ~ J ~ 8 ~ ~ il:> :s~ g!:: 8 ~~ IE !!<-gJ-1 4-1 H 051 i'~l 4-1 ~ ""; ~.~ H,gj 8 ~ ~ "'",,,, UJ6 H<ll 02"" ~ Ul,..., ;; "':8 ~ ~ f ~p., sa o ~ ,.,; ~ Ii: i ~ ~ ~ ,,, a 1:5 :I: ~ l- V ~ .- . -J 6 -:::r- '>-... ...1.._ o ''J '='< :::+; '-';:: -, ., l:l-:;j ~ 0' ;:;>'i CO'( _.i~;;'."* __ {I: ;.2 --- 1: "',i] . ...... 0 ~'0a.. ,..-. "} 0 __ "1 ... u v ...., Q..~ ~ ~ ~ ~ <:).., l'. .'. .. " / ~ i I/:$( ~ A .'o~ ~ .r~ .' Ii.,,,, ~"" J'x .~ ~~ ~ ')Y'} . . ROBERT B. LIEBERMAN A'ITORNEY AT LAW '. AP~ 1 << 1ss() .\i Q-... ~ ~ ~ ~ '! 4 r:, 5. The best Interests and permanent welfare of the child will be served by a modification of the Court's Order because: a. Petitioner enjoys Insufficient lime with his son because of Respondent's refusal to agree to liberal periods of temporary physical custody. Petitioner requested of Respondent. in April of 2000, to see his son during most of the Summer, however, Respondent unilaterally placed the child in summer camp. Petitioner received only one weekend of vlsltallon during the Summer in Pennsylvania. b. Respondent has consulted with a child psychologist and physicians and placed the child on various medications without prior notice to Petitioner. c. While recently with his son, Petitioner observed the child exhibiting unusual behavior as a result of Respondent failing to provide Petilloner with the minor child's necessary medicallon, d. The minor child is disturbed by the living situation and altemate lifestyle of Respondent. WHEREFORE, Petitioner respectfUlly requests that this Honorable Court modify its' Order as follows: 1. Provide Petitioner with shared legal custody of the minor child. 2. Order that Petitioner receive, at a minimum, the following periods of temporary physical custody: a. One-half of every Christmas holiday in Colorado. b. Summer vacation each year in Colorado. L >- a. t: ~ ~ ~ cr; ~c ~ ,.. UJ~; - "?"f' L ('<') ~ ("':. i1~\ ' '" f.:, ;.~. ...... ..... ...... (e(:-'~ "'.:-_-j \) ~ ' .~. ) o. 0 L'): ? I,,' ~ ~ --I " ' C, 04 ~ , <.0, '-J ,.. , C) U 0:'" 0__ lIiNO~ ! ~!::~ ~ ~pl~~ will ~~~ u .Z~t: -0::1iIU)>< I&.oh~ ~I-cffi' u C.._ ~ 1II0 0 '< o::;t:!iji .JlIIZi:iD 1II !!i..,.. oJ 1l:::E r: 0:: ;g<- <( _Ut: :t- U '. '. - . ,. Sfp 20 200ldJ 5 ',., . AMY M. (MUSlKAR) WEISS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-2247 CIVIL ACTION LAW HOWARD A. MUSlKAR, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7. ... A day of fu 0""'< --1 6v , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD., or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Child. Each party shall be responsible for one- half of all costs of the evaluation, with the Father to pay all costs initially as required by the evaluator. The Mother shall reimburse the Father for her one-half share in full by July 31, 2002. In reimbursing the evaluation costs to the Father, the Mother shall be credited for monies owed to her by the Father pursuant to either the Marital Settlement Agreement or Domestic Relations Order. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. 2. The Mother, Amy M. Weiss, and the Father, Howard Musikar, shall have shared legal custody of Joshua L. Musikar, born March 8, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to m~ke all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. Pending completion of the evaluation and further Order of Court or agreement of the parties, the Father shall have partial custody of the Child during weekends at any time the Father travels to central Pennsylvania, upon providing at least 14 days advance notice to the Mother. 5. The Mother shall ensure that all telephone calls from the Father are returned within 24 hours. In addition, the Mother shall encourage the Child to correspond with the Father through E-Mail or regular mail in addition to telephone contact. .' ~ .. AMY M. (MUSlKAR) WEISS, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-2247 CIVIL ACTION LAW HOWARD A. MUSIKAR, Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua L. Musikar March 8, 1993 Mother 2. A Conciliation Conference was held on October 23,2001, with the following individuals in attendance: The Mother, Amy M. Weiss (formerly Musikar), with her counsel, Robert B. Leibennan, Esquire, and the Father's counsel, Charles Rector, Esquire. The Father, Howard Musikar, who resides in Colorado, participated in the Conference by telephone. Date 3. The parties agreed to entry of an orderL attached. /!) r J-01u/l ..')..r-; .:1" I'> I !kL-d ~ Dawn S. Sunday, Esquire Custody Conciliator ~~~ ~~:s ~~zs ..... I ~E-I ... :R ...... ~~~~ CI).... ,g~.BHR ~~ ~~ = PI - = = ~ ~'iil ~ l/Il = , "'", ~~ tlgJ l/Il-c .... . 'l' -; ~ ~'" . ~158 g gl ~>< lO(l8i~::S.o ... E 6.l - CIl ! r- ~ [g ~! os = C ~,~ ;::,Sg .a ~ :E: '=,am'" . ~ M~ ~~~ ~ ..; ::s . ! 8 :E: ;~ ~ .. . " , , -. { OCT 2 9 ZODt ~j;. " AMY M, (MUSIKAR) WEISS, Plainti rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-2247 CIVIL ACTION LAW HOWARD A, MUSIKAR, Dcfcndanl IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua M usikar March 8, 1993 Mother 2, A Conciliation Conference was held on August 8, 2002, with the following individuals in attendance: The Mother's counsel, Robert 8. Lieberman, Esquire and the Father's counsel, Charles Rector, Esquire, The Father, Howard A. Musikar, who resided at the time in Colorado, participated in the Conference by telephone, As the Mother, Amy M, Weiss, who resides in Tennessee, was not available at the time of the Conference, a telephone conference was held with the Mother participating and the Mother's counsel, Robert B, Lieberman, Esquire, in attendance in the Conciliator's office. A follow-up telephone conference between the Conciliator and counsel was held on August 28, 2002, 3, This is a difficult case involving serious conflict and communication problems between the parties as well as difficulties in the relationship between the Father and the Child, the source of which is disputed between the parties, These problems are further exacerbated by the long distance between the parties' residences, Since entry of the prior Order in this case, the Mother has moved with the Child to Tennessee and the Father has been living in Colorado, although he is planning an imminent relocation to Ft. Lauderdale, Florida, The parties have agreed to the continued jurisdiction of this Court which has dealt with the ongoing custody issues since 1999, In an effort to resolve the custody issues previously, the parties obtained a custody evaluation by Chrissi Hart, PhD, and received the evaluation report and recommendations on July 3, 2002, The parties are continuing to work toward implementing Dr, Hart's recommendations, which include counseling, anger management, further assessment of the Child and a schedule of regular contact between the father and Child. The Father is very anxious to arrange an extended period of contact with the Child, whom he has not seen since July, The Mother believes that it is extremely important for the Child to begin his course of individual ~~~ &S~ "'~~ ~ '" tJ . 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