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HomeMy WebLinkAbout99-06947 1 I s 5 ?a LAW OFFICES EUPP AND MEIKLE A PROFESSIONAL CORPORATION 766 NORTH 21ST STRFET, SUITE 205 CAMP HILL, PA 17011 STEVEN PATAKY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 99 ??,9y7 o. : NO. Q9P CIVIL TERM JOSEPHINE PATAKY Defendant : CIVIL ACTION -LAW IN CUSTODY ORDER AND NOTICE AND NOW, this day of? , 1999, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel ap ear before the conciliator, at . ?, 4 iC h ?«,. crygo on the da of v n , at? 10'' l CA ,m., for aPre-Hearing Custody Conference. As such conference, an effo 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: _lY l Custody Conciliator m> The Court of Common pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations adailable 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. r.? J? 99 t -,;4' x' 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE - 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 STEVEN PATAKY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- CIVIL TERM 957_ G 997 6c? e 72«_ JOSEPHINE PATAKY Defendant : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff Steven Pataky, by his attorneys, Rupp and Meikle, and Richard C. Rupp and files this Complaint for custody of the parties' minor child as follows: 1. The Plaintiff is Steven Pataky who resides at 23 Courtland Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Josephine Pataky who resides at 111 Hummel Avenue, Apt 3- Rear, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff Steven Pataky seeks custody of the following minor children: Name Present Residence Age Thomas Pataky born 1/31/94 111 Hummel Avenue, Apt 3-Rear 5 Yrs. Lemoyne, Pa 4. The child was not born out of wedlock. 5. The child is presently in the custody of the Defendant, the mother who resides at 111 Hummel Avenue, Apt. 3-Rear, Lemoyne, PA. 6. During the past five years, the child has resided with the following persons at the following address: Person Address Dates Mother 111 Hummel Avenue, November 1, 1999 - Present Apt 3-Rear Lemoyne, PA Mother and Father 23 Courtland Road, Camp Hill, PA 1994 - October 31, 1999 7. The father of the child is Steven Pataky, the Plaintiff, who currently resides at 23 Courtland Road, Camp Hill, PA. He is married to the Defendant. 8. The mother of the child is Josephine Pataky, the Defendant, who currently resides at 111 Hummel Avenue, Apt 3-Rear, Lemoyne, PA. She is married to the Plaintiff. 2 9. The relationship of the Plaintiff to the children is that of their father. The Plaintiff's household includes: Name Relationship Steven Pataky - Plaintiff Father 10. The relationship of the Defendant to the child is that of their mother. The Defendant's household is believed to be as follows: Josephine Pataky - Defendant Thomas Pataky - minor child 11. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth with the exception that Defendant attested to file a claim in the Divorce Action for Custody. 13. The Plaintiff 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. 14. The best interest and the permanent welfare of the parties' minor child will be served by granting the relief requested by the Plaintiff because: a. The Plaintiff can provide the parties' minor child with a home with adequate moral, emotional and physical surroundings to meet the child's needs; 3 b. The Plaintiff is willing to accept custody of the child; c. The Plaintiff continues to exercise parental duties and enjoys the love and affection of the parties' minor child. d. The Plaintiff has a strong relationship with his son which Plaintiff desires to maintain , and the Plaintiff intends to continue his son in a religious upbringing. e. The Plaintiff has been a primary caretaker during the raising of the parties' minor child. 16. 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 will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant full custody of the parties' minor children to the Plaintiff, the father of the parties' minor children. AN E By l Richard C. Rupp Attorney for Defendant Attorney I.D. #34832 355 North 21st Street, Suite 303 Camp Hill, PA 17011 (717) 761-3459 4 VERIFICATION I verify the statements made in this Answer To Plaintiffs Complaint For Custody and Counterclaim for Custody Against Plaintiff are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4909 relating to unworn falsification to authorities. Date: 0- Z - ? `/ Steven Patacky, Plaintiff n_, \Az v SHERIFF'S RETURN - REGULAR CASE NO: 1999-06947 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PATAKY STEVEN VS PATAKY JOSEPHINE CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY was served upon the PATAKY JOSEPHINE DEFENDANT at 0010:05 HOURS, on the 17th day of December , 1999 at 111 HUMMEL AVENUE APT 3 REAR LEMOYNE, PA 17043 by handing to JOSEPHINE PATAKY a true and attested copy of COMPLAINT - CUSTODY together with NOTICE, ORDER OF COURT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 8.00 .00 35.92 Sworn and Subscribed to before me this /q day of ( .... J cc-J A.D. ^l I ? C' 7buEPt ? Prothonotary I!.t So Answwe?ee/rss * R. Thomas Kline 12/21/1999 RUPP & MEIKLE By: Deputy eriff STEVEN PATAKY, ) Plaintiff ) VS. ) JOSEPHINE PATAKY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6947 CIVIL TERM CIVIL ACTION - LAW ORDER Q AND NOW, this r? ? 'e?k'day of 2000, upon receipt of the Conciliator's Report, it appearing that the parties have reached an agreement 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 their minor child, Thomas Pataky, d.o.b. January 31, 1994. 2. Physical custody of the minor child shall be in accordance with the following schedule: A. Father shall have the child on a five week rotating schedule in accordance with the following: Week One: Friday, Saturday, Sunday and Monday. Week Two: Sunday, Monday and Tuesday Week Three : Tuesday and Wednesday Week Four: Wednesday and Thursday Week Five: Thursday, Friday and Saturday The times of the exchanges for custody arc to be agreed upon by the parties. B. Mother shall have custody of the minor child at all other times. 3. 'rhe parties shall alternate the major holidays, those holidays being defined as Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. This alternating schedule shall commence with Father having Easter in 2000. The parties shall agree upon the exchange times for these periods of partial custody. 4. The Christmas holiday shall be broken into two segments. Segment A shall be from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon; Segment B shall be from Christmas Day at 12:00 noon until December 26°i at 12:00 noon. Mother shall have Segment A in 2000 and all even years thereafter and Segment B in 2001 and all odd years thereafter. Father shall have Segment B in 2000 and all even years thereafter and Segment A in 2001 and all odd years thereafter. 5. Father shall have two weeks of uninterrupted, non-consecutive weeks of vacation with the minor child. In addition, Father shall be entitled to have the child for periods of partial custody on his personal days off from work. Father shall provide Mother with thirty (30) days advance notice of when he intends to exercise these periods of exclusive custody. G. Mother shall be entitled to two uninterrupted, non-consecutive weeks of vacation with the minor child. She shall provide Father with thirty (30) days advance notice as to when she intends to exercise these periods of exclusive custody. 7. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day, at times to be agreed upon by the parties. 8. Such other times as the parties may agree. BY THE COU J. Gerald S. Robinson, Esquire 'O Richard C. Rupp, Esquire ?a mlb L' C i,: _ J\?Y STEVEN PATAKY, ) Plaintiff ) VS. ) JOSEPHINE PATAKY, ) Defendant ) JUDGE PREVIOUSLY ASSIGNED: None CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6947 CIVIL TERM CIVIL ACTION - LAW litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Thomas Pataky January 31, 1994 Defendant 2. A Conciliation Conference was held on March 9, 2000, and the following individuals were present: the Plaintiff and his attorney, Gerald S. Robinson, Esquire; the Defendant and her attorney, Richard C. Rupp, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs 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: March 20, 2000 L ich el L. Bangs Custody Conciliator * S?e\sc n ?QA6\C-I : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, :PENNSYLVANIA V. J : CIVIL ACTION LAW ?S?e?.,:?cPaaa?f Defendant : NO.U14-1 CIVIL \Cf" CUSTODY VISITATION ORDER OF COURT And now, this `1 2c o , upon consideration of the attached complaint, it is hereby directed that the above p ie and their respective counsel appear before 1 nA r if Esquire, the conciliator, at 2000, at ?= 3U A•M Pennsylvania, on the A+h day of 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 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: c?LQM_?'w Custody Conciliator U C-Qb 1 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 z7 A lAV 966 NOF CA STEVEN PATAKY Plaintiff V. JOSEPHINE PATAKY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6947 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR SPECIAL RELIEF DUE TO CHANGED CIRCUMSTANCES AND NOW comes Plaintiff Steven Pataky, by his attorneys, Rupp and Meikle, and Richard C. Rupp and files this Complaint for custody of the parties' minor child as follows: 1. The Plaintiff is Steven Pataky who resides at 23 Courtland Road, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Josephine Pataky who resides at 111 Hummel Avenue, Apt 3- Rear, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff Steven Pataky seeks custody of the following minor children: Name Present Residence Age_ Thomas Pataky born 1/31/94 111 Hummel Avenue, Apt 3-Rear 6 Yrs. Lemoyne, Pa 4. The child was not born out of wedlock. 5. The child is presently in the custody of the Defendant, the mother who resides at 111 Hummel Avenue, Apt. 3-Rear, Lemoyne, PA. 6. During the past five years, the child has resided with the following persons at the following address: Person Mother Mother and Father Address 111 Hummel Avenue, Apt 3-Rear Lemoyne, PA 23 Courtland Road, Camp Hill, PA Dates November 1, 1999 - Present 1994 - October 31, 1999 7. The father of the child is Steven Pataky, the Plaintiff, who currently resides at 23 Courtland Road, Camp Hill, PA. He is married to the Defendant. 2 _1 1 8. 9 The mother of the child is Josephine Pataky, the Defendant, who currently resides at 111 Hummel Avenue, Apt 3-Rear, Lemoyne, PA. She is married to the Plaintiff. The relationship of the Plaintiff to the children is that of their father. The Plaintiff's household includes: Name Relationship 10. Steven Pataky - Plaintiff Father The relationship of the Defendant to the child is that of their mother. The Defendant's household is believed to be as follows: Josephine Pataky - Defendant Thomas Pataky - minor child 11 12. The Plaintiff filed a Compliant for Custody concerning the custody of the child in this court, in which this Honorable Court issued an Order on March 24, 2000. The Plaintiff has no information of any other custody proceeding concerning the child pending in a court of this Commonwealth. 3 I 13. The Plaintiff 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. 14. The best interest and the permanent welfare of the parties' minor child will be served by granting the relief requested by the Plaintiff because: a. The Plaintiff can provide the parties' minor child with a home with adequate moral, emotional and physical surroundings to meet the child's needs; b. The Plaintiff is willing to accept custody of the child; C. The Plaintiff continues to exercise parental duties and enjoys the love and affection of the parties' minor child. d. The Plaintiff has a strong relationship with his son which Plaintiff desires to maintain , and the Plaintiff intends to continue his son in a religious upbringing. e. The Plaintiff has been a primary caretaker during the raising of the parties' minor child. f. Mother is sleeping over in another man's house with party's son present in house or allowing another man to sleep over on mother's house when she is present. g. Mother has told father she is moving out of area by June 30, 2000. 4 F-I - h. Father has been taking care of son daily from noon to evening. 16. 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 will be given notice of the pendency of this action and the right to intervene: Name Address Basis m NONE 17. The changed circumstances are that mother has informed father that mother is taking son out of local area to live out of local area. 18. The changed circumstances are that father sees son on almost a daily basis at least during the week, If the mother moved away father will not see son on daily basis. 19. The changed circumstances are that mother is taking son to stay at a man's house so mother can sleep over. 20. The changed circumstances are that mother is allowing another man to sleep over in mother's house while their son is present in the house. 5 21. By reason of these changed circumstances, father is requesting your Honorable Court to award primary physical custody to father, Plaintiff. WHEREFORE, Plaintiff Steven Pataky requests the Honorable Court to order that the Plaintiff have primary physical custody of the parties' son, Thomas Pataky. IjiIP AND EII{I.'E? By ?,a(` Richard C. Rupp Attorney for Plaintiff Attorney I.D. #34832 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 6 VERIFICATION I verify the statements made in this Petition for Special Relief Due to Changed Circumstances are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. Date: 2 - Uo Sr?N-ate ?!. &2? Steven Pataky, Plaintiff 7 CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Petition for Special Relief due to Changed Circumstances upon the person named below by placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below. Gerald S. Robinson, Esquire Robinson & Geraldo P.O. Box 5320 Harrisburg, =?c-- Richard C. Rupp, E uir Attorney I.D.# 34832 355 North 21st Street, Suite 205 Camp Hill, Pennsylvania 17011 (717) 761-3459 Dated: April 20, 2000 >- :: ? - _ ;: ,: ;- - : ._ ?; ;, - - ?_? ' :- ?` __ ? ;:____ STEVEN PATAKY, V. COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA JOSEPHINE PATAKY, Defendant. NO. 99- 6947 Civil Term CIVIL ACTION-LAW IN CUSTODY ANSWER TO PETITION FOR SPECIAL RELIEF (CHANGED CIRCUMSTANCES) AND NOW comes Defendant/Respondent Joephine Pataky, through her undersigned attorneys, Gerald S. Robinson, and Robinson & Geraldo and answers said Petition as follows: Paragraphs I through 13 are admitted. 2. Paragraph 14 is admitted in part and denied in part. Defendant/Respondent specifically denies that she is sleeping over at another man's house and allowing this man to sleep over at her house in the presence of the minor child; that Defendant/Respondent's relationship with any adult men constitutes a changed circumstance warranty a change in the custody arrangement. Paragraph 16 and 17 are admitted. 4. Paragraph 18 is admitted, but by way of further answer the current custody Order can be revised as follows: a. Defendant/Respondent shall have primary physical custody of the minor child during the school year subject to Plaintiff/Petitioner's right to partial custody on alternating weekends; b. Plaintiff/Petitioner shall have primary physical custody of the minor child during the summer vacation subject to Defendant/Respondent's right to partial custody on alternating weekends; and c. Holidays would be shared between the parties by mutual agreement. 5. Paragraph 19 and 20 are specifically denied in that Defendant/Respondent's relationships with adult men do not constitute changed circumstances to warrant a change in the current custody arrangement. 6. Paragraph 21 is denied. WHEREFORE, Defendant/Respondent Josephine Pataky requests this Honorable Court to deny the instant Petition for Special Relief. Respectfully submitted, ROBINSON & GERALDO i p By: Gerald S. Robinson, Esquire ATTORNEY I.D. NO. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 VERIFICA'r1ON I verify that the statements made in this Answer arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. OS PAIN E. PA AKY, PL TIFF CERTIFICATE OF SERVICE 1, Gerald S. Robinson, Esquire, do hereby certify that on the Allay of April, 2000, 1 caused a true and correct copy of the Answer to be served upon the following individual by certified mail restricted delivery to addressee only by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Richard C. Rupp 355 North 21" Street, Suite 205 Camp Hill, PA 17011 By: Gerald S. Robinson, Esquire ROBINSON & GERALDO ATTORNEY I.D. NO. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 : IN THE COURT OF COMMON PLEAS OF STEVEN PATAKYPlaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6947 CIVIL TERM VS. CIVIL ACTION - LAW JOSEPHINE PATAKY, ; Defendant IN CUSTODY ORDER t ?j f" da of 2000, upon AND NOW, this ?? y Conciliation Report, it is ordered consideration of the attached Custody and directed as follows: 1. The prior order of this Court dated march 24, 2000 is vacated and replaced with this order. 2. The Father, Steven f akomaand atathe kyMoborn ,JaJosephine nuary 31, P1994. shall have shared legal custody ointl with the other parent shall have an equal right, to be exercised j y the Child's parent, to make all major non-emergency decisions affecting general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the summer school break, the Mother shall have primary at have physical custody of the Child and, the Father shall partial custody on alternating weekends romp t? schedule p.m. through Sunday at 7:00 p.m when the Mother shall begin on June 20, 2000 at 5:00 p.m. shall pick up the Child from the Father's residence. on subsequent years, he summer custody he ?lar wekeon the first weekend which he the termination ofahegschool year. period of custody af ter The summer custody schedule shall end Cl?aryeeustody of commencement of the new school year when p the Child shall be transferred to the Father. The beginrim first alternating weekend period of custody shall 2000 with a period of custody from Saturday, July 1 through Wednesday, July 5, at 7:00 p.m. B. During the school year, the Father shall have primary physical custody of he Child and the Mother shall have partial custody on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m., beginning on the first weekend after school starts. The parties shall adjust the weekend schedule as necessary so that the Mother has custody of the Child over any long weekends when the Child has off school on either Friday or Monday. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Father shall have custody of the Child from Christmas Eve through Christmas Day at 1:00 p.m. and the mother shall have custody from Christmas Day at 1:00 p.m. through the day before school resumes at 7:00 p.m. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 7:00 p.m. through the Saturday after Thanksgiving at 7:00 p.m., and Segment B, which shall run from the Saturday after Thanksgiving at 7:00 p.m. through the following Monday at 7:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. C. EASTER: In even numbered years, the Mother shall have custody of the Child from the last day of school before the Easter break at 7:00 p.m. through Easter Sunday at 7:00 p.m. In odd numbered years, the Mother shall have custody of the Child from the last day of school before the Faster school break at 7:00 p.m. through Easter Sunday at 7:30 a.m. and the Father shall have custody beginning on Easter Sunday at 7:30 a.m. D. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and Gabor Day weekends from Friday at 7:00 p.m. through Monday at 7:00 p.m. Each holiday weekend under this provision shall also be considered as one of the Mother's weekends under the regular custody schedule for which an adjustment is to be made under paragraph 3B of this order. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement of the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. unless otherwise specified in this order or agreed upon by the parties, the parties shall exchange custody of the Child at a mutually agreeable place located at Exit 22 of the Pennsylvania Turnpike. 6. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 7. 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 consent. In the absence of mutual consent, the terms of this order shall control. cc: Richard C. Rupp, Esquire - Counse Gerald S. Robinson, Esquire - Cou V ' -I L'i ? ? (.l %' r STEVEN PATAKY, Plaintiff VS. - JOSEPHINE PATAKY, - Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6947 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SMMRY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-81 the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas Pataky January 31, 1994 Mother/Father 2. A Custody Conciliation Conference was held on June 8, 2000, with the following individuals in attendance: The Father, Steven Pataky, with his counsel, Richard C. Rupp, Esquire, and the Mother, Josephine Pataky, with her counsel, Gerald S. Robinson, Esquire. 3. Much to their credit, the parties were able to reach an agreement as to ongoing custody arrangements in this very difficult relocation matter in which both parents have a close relationship with the Child. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator STEVEN PATAKY IN'fHE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPHINE PATAKY DEFENDAN'T' 99-6947 CIVIL ACTION LAW IN CUSTODY AND NOW, this 11th day of September , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 Nest Main Street, Mechanicsburg, PA 17055 on the 12th day of October , 2000, at 11:00 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 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: Is/ Dawn S. Sunday. ,? Custody Conciliato .\1 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 'telephone (717) 249-3166 I \i r i 1'. ... ? ... ?/•/3 -OO ?, ? ? ?.???d t c? ??? .. •? - ,. STEVEN PATAKY, PI ainti ft/Respondent, v. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6947 Civil Terri JOSEPHINE PATAKY, Defenclmit/Pctitioner. CIVIL ACTION-LAW IN CUSTODY NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty clays after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set fortli against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland Comity Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 STEVEN PATAKY, COURT OF COMMON PLEAS S AUG 3 1200 Plaintiff/Respondent, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 6947 Civil Term JOSEPHINE PATAKY, Defendant/Petitioner.: CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before day of , 2000 at , in on the for the 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 define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent Order. For the Court, Date: By: Custody Conciliator STEVEN PATAKY, Plaintiff/Respondent, V. JOSEPHINE PATAKY, Defendant/Petitioner. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6947 Civil Term CIVIL ACTION-LAW IN CUSTODY PETITION TO NIODIFY CUSTODY Petitioner, JOSEPHINE E. PATAKY, by and through her attorney, Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully request the following: Petitioner is Josephine E. Pataky, an adult individual and the natural mother who currently resides at 44 Paul Lane, Glen Mills, Delaware County, Pennsylvania. 2. Respondent is Steven Pataky, an adult individual and the natural father who currently resides at 23 Courtland Road, Camp Hill, Cumberland County, Pennsylvania. Petitioner seeks to have the existing Custody Order modified giving her primary physical custody. 4. The child is presently in the custody of Respondent, Steven Pataky, who currently resides at 23 Courtland Road, Camp Hill, Cumberland County, Pennsylvania. S. From birth to present, the child has resided at the following addresses with the following persons: Person(s) Petitioner and Respondent Addresses 23 Courtland Road Camp Hill, PA 17011 Petitioner I I 1 Hummel Avenue Apartment 3 Rear Lemoyne, PA 17043 Dates Birth to October 1999 October 1999 to Present 6. The parties attended a Custody Conciliation Conference on June 8, 2000, where it was ordered that Petitioner would have custody of the minor child during the summer and Respondent would have custody of the minor child during the school year. 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. 8. There is an existing Custody Order entered into effect on June 20, 2000, a copy of which is attached hereto as Exhibit A. 1) 9. The best interest and permanent welfare of the child will be served by modifying the Custody Order because: a) Respondent works from 10:00 PM until 6:00 AM, the minor child must spend the night at various babysitters' houses. During the school year, the minor child will only get to spend a few hours with Respondent before he must go to the sitter's house; and b) Petitioner can spend more time with the minor child throughout the day, because Petitioner works from her home. 10. 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 a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendancy of this action and the right to intervene: None. WHEREFORE, the Petitioner respectfully requests this Honorable court to modify the current custody order granting primary physical custody to Petitioner. Respectfully submitted, ROBINSON & GERALDO By: GeralJ S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Petitioner 4 mom VERIFICATION I verify that the statements made in this Petition are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. SEPFIINE E. PATAKY, P AMT[FF W...__ CERTIFICATE OF SERVICE 1, Gerald S. Robinson, Esquire, do hereby certify that on the 28th day of August, 2000, 1 caused a true and correct copy of the Petition to be served upon the following individual by certified mail restricted delivery to addressee only by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Richard C. Rupp, Esquire 355 North 21" Street, Suite 205 Camp Hill, PA 17011 Respectfully submitted, ROBINSON & GERALDO By - era; 7;1.D. ?ert; s dire AttornNo.2 7423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 STEVEN PATAKY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6947 CIVIL TERM JOSEPHINE PATAKY, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 020 day of JLL , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated March 24, 2000 is vacated and replaced with this order. 2. The Father, Steven Pataky, and the Mother, Josephine Pataky, shall have shared legal custody of Thomas Pataky, born January 31, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make 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 parties shall have physical custody of the Child in accordance with the following schedule: A. During the summer school break, the mother shall have primary physical custody of the Child and the Father shall have partial custody on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. The summer custody schedule shall begin on June 20, 2000 at 5:00 p.m. when the Mother shall pick up the child from the Father's residence. In subsequent years, the summer custody schedule shall begin on the first weekend on which the Mother has a regular weekend period of custody after the termination of the school year. The summer custody schedule shall end one week before commencement of the new school year when primary custody of the Child shall be transferred to the Father. The Father's first alternating weekend period of custody shall begin in 2000 with a period of custody from Saturday, July 1 through Wednesday, July 5, at 7:00 p.m. B. During the school year, the Father shall have primary physical custody of the Child and the Mother shall have partial custody on alternating weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m., beginning on the first weekend after A school starts. The parties shall adjust the weekend schedule as necessary so that the Mother has custody of the Child over any long weekends when the Child has off school on either Friday or Monday. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A- CHRISTMAS: In every year, the Father shall have custody of the Child from Christmas Eve through Christmas Day at 1:00 p.m. and the mother shall have custody from Christmas Day at 1:00 p.m. through the day before school resumes at 7:00 p.m. B. THANKSGIVnIG: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 7:00 p.m. through the Saturday after Thanksgiving at 7:00 p.m., and Segment B, which shall run from the Saturday after Thanksgiving at 7:00 p.m. through the following Monday at 7:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. C. EASTER: In even numbered years, the Mother shall have custody of the Child from the last day of school before the Easter break at 7:00 p.m. through Easter Sunday at 7:00 p.m. In odd numbered years, the Mother shall have custody of the Child from the last day of school before the Easter school break at 7:00 p.m. through Easter Sunday at 7:30 a.m. and the Father shall have custody beginning on Easter Sunday at 7:30 a.m. D. b1EMCRIAL DAY/,ABOR DAY: The Mother shall have custody of the Child every year on Memorial Day and Labor Day weekends from Friday at 7:00 p.m. through Monday at 7:00 p.m. Each holiday weekend under this provision shall also be considered as one of the Mother's weekends under the regular custody schedule for which an adjustment is to be made under paragraph 3B of this Order. E. MOTHER'S DAY/FATBFR'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement of the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise specified in this Order or agreed upon by the parties, the parties shall exchange custody of the Child at a mutually agreeable place located at Exit 22 of the Pennsylvania Turnpike. 6. The non-custodial parent shall be entitled to have liberal and reasonable telephone contact with the Child. 7. 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 consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, 0 Ed art cc: Richard C. Rupp, Esquire - Counsel for Fe Gerald S. Robinson, Esquire - Counsel for T"U" C7,PY FROM RECORD In Testirrcav ti,;;.,; r,?f I hire unto set my hand and the sea; of said Court at Carlisle, Pa. thi ......cal. ?.. da of.. 5lx ?! e as Prothonotary 4--* STEVEN PATAKY, Plaintiff vs. JOSEPHINE PATAKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6947 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of U? Ults'WlJ , 2000, 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 a 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. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information concerning the parties or the Child. The parties shall equally share all costs of the evaluation. 2. Pending further order of Court or agreement of the parties, the prior order of this Court dated June 20, 2000 shall continue in effect. 3. In the event the parties are not able to reach an agreement as to all outstanding custody issues after completion of the custody evaluation, counsel for either party may contact the Conciliator within 60 days of receipt of the evaluator's written recommendations to request the scheduling of an additional Custody Conciliation Conference. BY THE COURT, % Edgar B. Bayley, J• cc: Richard C. Rupp, Esquire - Counsel for Father j/_ 1'. &V. > ? Gerald S. Robinson, Esquire - Counsel for Mother ?-f--. STEVEN PATAKY, Plaintiff VS. JOSEPHINE PATAKY, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6947 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATICN SUMMARY REPORT IN ACCORDANCE wrTH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF January 31, 1994 Mother/Father Thomas Pataky 2. A Custody Conciliation Conference was held on October 26, 2000, with the following individuals in attendance: The Father, Steven Pataky, with his counsel, Richard C. Rupp, Esquire, and the Mother, Josephine Pataky, with her counsel, Gerald S. Robinson, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date i Dawn S. Sunday, Esquire Custody Conciliator STEVE PATAKY, Plaintiff v JOSEPHINE PATAKY, Defendant f? AND NOW, this s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-6947 -CIVIL : CIVIL ACTION - LAW IN CUSTODY ORDER day of November, 2001, upon consideration of the Motion for Continuance of Richard C. Rupp, Esquire, counsel for Petitioner, Steve Pataky, in the above captioned action. IT IS HEREBY ORDERED AND DECREED: Motion for Continuance is granted; and The hearing scheduled for November 28, 2001 is postponed until further notice. BY ORDER QF THE C URT: W\?o? V J. i ?Ui4 iY Pc\i:?l L STEVE PATAKY, Plaintiff v JOSEPHINE PATAKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-6947 -CIVIL CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, to wit, this day of 2001, upon consideration of the within Motion, it is ORDERED the Defendant in the above-captioned action is given additional days to deliver medical and insurance authorizations to counsel for Defendant or suffer sanctions. The Defendant is ORDERED to pay counsel fees to the Plaintiff in he amount of $ , payable within days of the entry of this Order. BY ORDER OF THE COURT: J. JOSEPHINE PATAKY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- 47 CIVIL TERM STEVEN PATAKY Defendant CIVIL ACTION -LAW IN SUPPORT DEFENDANT'S MOTION FOR COMPLIANCE WITH DISCOVERY ORDER AND MOTION FOR CONTINUANCE AND NOW comes your Movant, Richard C. Rupp, Esquire, counsel for Defendant Steven Pataky, Defendant in the above-captioned action, and files the within Motion for Compliance and Motion for Continuance: 1. Defendant Steven Pataky is an adult individual who is the Defendant in the above- captioned support action. 2. The Respondent is the Plaintiff Josephine Pataky in the above-captioned support action. 3. Your Movant, Counsel for Defendant in the above-captioned action, brings this Motion under the authority of Rule 4019 of the Pennsylvania Rules of Civil Procedure. 4. On or about October, 2000, the parties participated in a support conference in the Cumberland County Domestic Relations Office wherein your Movant, Defendant Steven Pataky, had moved for a modification of support by reason of the Court's Order granting primary physical custody of the parties' son, Thomas Pataky, age 7, to your Movant, Defendant Steven Pataky. 5. At said Domestic Relations Office conference, the Respondent, Plaintiff Josephine Pataky, raised the issue that she was disabled and unable to work and, therefore, unable to pay support for the support of her son, Thomas Pataky, by reason of an automobile accident in which she was involved. 6. Your Movant, on behalf ofDefendant Steven Pataky, requested that medical records be provided so that your Defendant could conduct further discovery including examining the medical records of the Respondent, Plaintiff Josephine Pataky, and also including conducting an independent medical examination of Respondent, Plaintiff Josephine Pataky. 2 7. An Order was entered by this Honorable Court pursuant to the Domestic Relations office support conference requiring Respondent Plaintiff to provide her medical and/or disability records to Defendant. A copy of said Order is attached hereto as Exhibit "A" by reference as if set forth in full. 8. Since that Order was entered by this Honorable Court, the Respondent, Plaintiff Josephine Pataky, despite demands from your Movant, Defendant Steven Pataky's counsel, has failed or refused to provide authorizations to obtain insurance and medical information pertaining to the alleged disability and alleged injuries of Respondent, Plaintiff Josephine Pataky. 9. Attached hereto as Exhibit "B" and incorporated herein by reference as if set forth in full are Movant's counsel's letters to counsel for Respondent, Plaintiff Josephine Pataky requesting authorizations for her medical and insurance information pertaining to her alleged injuries and alleged disability. 10. Despite demand for Respondent's medical records and insurance information or authorizations to obtain Respondent Josephine Pataky has failed or refused to provide said medical information and insurance information or alternatively, the authorizations to allow Movant, Counsel for Defendant Steven Pataky, to obtain 3 said medical information and insurance information for Respondent, Plaintiff Josephine Pataky. 11. Such conduct on behalf of the Respondent, Plaintiff Josephine Pataky, is in violation of this Honorable Court's Order in this matter. 12. Since Respondent Plaintiff has failed to answer Movant Defendant's Steven Pataky's requests, the Movant Defendant has incurred reasonable counsel fees in connection with the preparation and presentation of this Motion. 13. This Honorable Court has scheduled a hearing in this support matter on November 28, 2001. 14. The failure of the Respondent, Plaintiff Josephine Pataky, to respond to Movant, Defendant Steven Pataky's requests impedes Movant Defendant's efforts to proceed in this support matter. 15. The conduct of Respondent, Plaintiff Josephine Pataky, necessitates the Movant, Counsel for Defendant Steve Pataky to request a continuance in this matter. 4 WHEREFORE, your Movant Defendant respectfully requests this Honorable Court to enter an appropriate Order continuing the hearing scheduled on November 28, 2001 in this matter. AND, WHEREFORE, your Movant Richard C. Rupp, Esquire respectfully requests this Honorable Court to enter an appropriate Order in accordance with Rule 4019 of the Pennsylvania Rules of Civil Procedure ordering the Respondent Plaintiff Josephine Pataky to comply with the Court's previous Order in this matter providing the medical and insurance information pertaining to Respondent Plaintiff's Josephine Pataky's alleged injuries and disabilities and enter an appropriate Order of counsel fees for Respondent Plaintiff's failure to comply with the Court's previous Order to provide said information. RUPP By. 5 Richard C. Rupp ' i co Attorney for Movant Defendant Attorney I.D. #34832 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 VERIFICATION I, the undersigned, being familiar with the facts of this Motion, verify the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authoritie Date: ! / 9 d? Counsel for Movant, Defendant Steve Pataky EXHIBITA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOSEPHINE E. PATAKY ) Order Number 912 S 99 Plaintiff ) VS. ) PACSES Case Numher 327101633 STEVEN A. PATAKY ) Docket Nuruber 00912 S 1999 Defendant ) Other State ID Number DR 29103 ORDER OF COURT Q Final Q Interim ® Modified AND NOW, 18TH DAY of OCTOBER, 2000 based upon the Court's determination that the Payee's monthly net income is $ 1595.92 and the Payor's monthly net income is $ 1,916.7s , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit ONE HUNDRED FIFTY-NINE AND 161100 Dollars ($ 159.16 ) a month payable BI-WEEKLY. as follows: first payment due 10/27/00 The effective date of the order is 09/06/00 . Arrears set at $ 499.39- as of OCTOBER 18, 2ooo are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting and tax refund offset certification and will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name JOSEPHINE E. PATAKY Service Type M Birth Date 07/07/58 Form OE-518 Worker ID 21101 A-1 4 PATAKY V. PATAKY PACSES Case Number: 327101633 The defendant owes a total of $ 159.16 per month payable BI-WEEKLY. $ 146.66 for current support and $12.50 for arrears. Tile defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Fmquency Codcs: I =Ore Tine 11 =[iWcekly 1 =11i-Munlldy N1 =illunthly Q = Quarterly 5 =Semi-Annually S =Scmi-Monthly A =Annually W =Weckly Payment Aniount/ Frequency Debt Ty e Descri , tion Relleffi-i"r $ 0.00 p ) p /M CHILD SPT ALLOC THOMAS S. PATAKY $146.66 /M SPOUSAL SUPPORT JOSEPHINE E. PATAKY $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $o.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / Said money to be turned over by the Pa SCDU to: JOSEPHINE E. PATAKY , Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Page 3 of 4 Form OE-518 Service Type M A-7 Worker ID 21101 PATAKY V. PATAKY PACSES Case Number: 327101633 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 45 % by defendant and 5s % by plaintiff. 'rhe plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. E) DefendanEo Plaintiff Q Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the OPlaintiff ® Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : l) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; S-) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: THE SUPPORT ORDER ENTERED ON 1/4/00 IS SUSPENDED EFFECTIVE 9/6/00. EFFECTIVE 9/20/00, MRS. PATAKY SHALL PAY CHILD SUPPORT TO MR. PATAKY UNDER PACSES CASE #352102686 IN THE AMOUNT OF $224.47 PER MONTH. THAT OBLIGATION IS SUSPENDED EFFECTIVE 9/29/00 WITH THE PROVISIONS OF THIS ORDER TAKING EFFECT. IT IS ALSO NOTED HERE AS IN THE ORDER FOR CASE # 352102686 THAT MRS. PATAKY SHALL SIGN A RELEASE OF INFORMATION FORM AND PROVIDE IT TO MR. PATAKY SO HE MAY OBTAIN MEDICAL AND INSURANCE RECORDS RELATIVE TO THE CURRENT DISABILITY. ADDITIONALLY, MR. PATAKY MAY REQUEST THAT MRS. PATAKY UNDERGO AN INDEPENDENT MEDICAL EXAM AT MR. PATAKY'S EXPENSE. Defendant shall pay the following fees: Fee Total S 0.00 S 0.00 S 0.00 5 0.00 S 0.00 Service Type M Fes: Description Lumwl Freauer for JUDICIAL COMPUTER FEE Payable at S 0.00 for COURT COSTS Payable at S 0.00 for Payable at S o. o0 for Payable at S 0.00 for Payahle at S o.oo .X perONE TIME PcrONE TIME per per per i.. >J Page 3 of 4 Form 0E-518 Worker ID 21101 A-3 PATAKY V. PATAKY PACSES Case Number: 327101633 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES. IN WRITING. OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER. INCLUDING. BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCVAISTArVCES,t1 lY BE; IDIUDGED 111' CONTEMPT OF COURT, AND AIRY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER. YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING: OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties . /0 a,3 OU Date Consented: Plainti Gerald S. Robinson Plaintiff's Attorney Defendant Richard Rupp Defendant's Attorney BY THE COURT: DRO: Todd A. Moul cc: plaintiff t defendant Edward E. Guido, Judge Page 4 of 4 Farm OE-5I S Service Type M Worker ID 21101 EXHIBIT B LAW OFFICES HERBERT G. RUPP. JR. RICHARD C. RUPP ANN MEII(LE ERIKSSON (1964•82) Gerald S. Robinson, Esquire Robinson & Geraldo P. O. Box 5320 Harrisburg, PA 17110-5320 Dear Attorney Robinson: RUPP AND MEIKLE A PROFESSIONAL CORPORATION 366 NORTH 21ST STREET, SUITE 205 CAMP HILL, PA 17011 (717) 761.3469 E-MAIL: RUPPLAWICAOL.COM October 3, 2001 Re: Josephine E. Pataky v. Steven A. Pataky MAILING ADDRESS P.O. BOX 395 CAMP HILL, PA 17001.0306 TELEFAX: (717) 730.0211 I still have not received any executed medical releases nor medical records concerning your client, Josephine Pataky, with respect the above-referenced support action. Please find enclosed a copy of my previous correspondence in this matter. I require Mrs. Pataky's medical records in order to evaluate her defense to our claim for child support; to enable me to take Mrs. Pataky's deposition; and request an independent medical exam of Mrs. Pataky by a doctor that we choose. Without said medical records, I am unable to pursue said defense of her medical disability claims. This is my final letter. If I do not receive said medical releases requested previously from you, I intend to proceed to the Court with a Motion to compel said medical releases and request sanctions if they are not forthcoming. I very much regret having to write this letter. Best regards. RCR/lin Enclosure B-1 LAW OFFICES HERBERT C. RUPP, JR. RICHARD C. RUPP ANN MEIKLE ERIKSSON (1964.92) RUPP AND MEME A PROFESSIONAL CORPORATION 566 NORTH 21ST STREET, SUITE 206 CAMP HILL, PA 17011 (717) 761.0469 E-MAIL: RUPPLAWIOAOL.COM 1 L lo.. NAILING ADDRESS P.O. BOX 796 CAMP HILL. PA 17001-0796 TELEFAX: (717) 770.0216 August 10, 2001 Gerald S. Robinson, Esquire Robinson & Geraldo P. O. Box 5320 Harrisburg, PA 17110-5320 Dear Attorney Robinson: Re: Joseahine E Pa+aky v Steven A. Pataky I still have not received any executed medical releases nor medical records concerning your client, Josephine Pataky, with respect the above-referenced support action. Please find enclosed a copy of my previous correspondence in this matter. I require Mrs. Pataky's medical records in order to evaluate her defense to our claim for child support; to enable me to take Mrs. Pataky's deposition; and request an independent medical exam of Mrs. Pataky by a doctor that we choose. Without said medical records, I am unable to pursue said defense of her medical disability claims. As such, if I do not receive said medical releases requested previously from you within 10 days of the date of this letter, I intend to proceed to the Court with a Motion to compel said medical releases and request sanctions if they are not forthcoming. very much regret having to write this letter. Best regards. Ylo2sinc Ric hard C. Rupp RCR/lin -? PMT.... _.....?u.(]{ .rj LAW OFFICES HERBERT G. RUPP, in. RICHARD C. RUPP ANN MEIXLE ERIHSSON (1054.82) EUPP AND MEME A PROFESSIONAL CORPORA77ON 355 NORTH 21ST STREET, SUITE 203 CAMP HILL, PA 17011 (717) 751.3458 E-MAIL- RUPPLAWIOAOL.COM April 18, 2001 Gerald S. Robinson, Esquire Robinson & Geraldo P. O. Box 5320 Harrisburg, PA 17110-5320 Re: Josephine E. Pataky v Steven A Patakv No. 99-5829 Dear Attorney Robinson: I LIE MAILING ADDRESS P.O. BOX 305 CAMP HILL. PA 17001.0395 TELEFAX: (717) 730.0214 This letter will confirm our recent telephone conversation in which we both have agreed to use clinical psychologist Howard Dissinger, M.A., at Pennsylvania Counseling Services - West Shore. Psychologist Howard Dissinger's address is Pennsylvania Counseling Services - West Shore, 445 Gettysburg Pike, Mechancisburg, PA 17055. Their phone number is 795-8363. Each party must make their own appointment with Mr. Dissinger to initiate the custody evaluation process. I confirmed with Mr. Dissinger that he is willing to take on said evaluation. My client, Mr. Steve Pataky, intends to call Mr. Dissinger's office next week to start scheduling appointments to start the psychological evaluations to prosecute this custody case. On another matter, please find enclosed Authorizations for Release of Medical and Insurance information. Please have these executed as soon as possible, forwarding them to Attorney Baer, with copies tome so that we may prosecute the support action as well. Thank you for your assistance in this Yo sin Richard C. RCR/lin Enclosures cc: Dawn Sunday, Esquire 1 AA- CS-.,- C:\Corel\SuiteB\WPDOCS\DOMESTIC\PATAKY\AUTHORIZ.MED.wpd AUTHORIZATION FOR FILE AND RECORD INFORMATION INCLUDING ANY AND ALL MEDICAL AND/OR HOSPITAL INFORMATION Your full cooperation with Richard -C. Rupp and Rupp and Meikle is respectfully requested. THIS IS TO AUTHORIZE my medical providers, including but nor limited to anv hospital, rehabilitation entity, physician, nurse, therapist, medical attendant and/or agent, to release any and all information in my file, including any copies of records in the possession or custody of a physician, hospital, medical facility, rehabilitation center, medical attendant or any others to furnish to Richard C. Rupp and Rupp and Meikle, ANY AND ALL INFORMATION OR OPINION, which Richard C. Rupp and Rupp and Meikle may request regarding my physical condition and/or treatment of any kind rendered therefor, and to allow him/them to see or obtain copies of any x-rays or records which you may have regarding my condition or treatment. Your full cooperation with Richard C. Rupp and Rupp and Meikle is respectfully requested. A photostatic copy of this signed Authorization should be considered as valid as the original. Witness: (Signed:) NAME: Josephine Pataky 0 -y C: \Core! \Suite8\WPDOCS \DOMESTIC\ PATAKY\AUTHORIZ. INS. INFO. wpd AUTHORIZATION FOR FILE AND RECORD INFORMATION INCLUDING ANY AND ALL INSURANCE RECORDS OR INFORMATION THIS IS TO AUTHORIZE any insurance company, general insurance agent, or other insurance agent, or any others to furnish to Richard C. Rupp and Rupp and Meikle, or any representative of them, ANY AND ALL INFORMATION OR OPINION, which he/they may request regarding my insurance policies or automobile insurances, claims or plans which you may have in your possession, and to allow him/them to see or obtain copies of insurance policies,claims plans or records which you may have. Your full cooperation with Richard C. Rupp and Rupp and Meikle is respectfully requested. A photostatic copy of this signed Authorization should be considered as valid as the original. Wimess: (Siened) NAME: Josephine Pataky Dated: 0-5 LAW OFFICES HERBERT G. RUPP, JR. RICHARD C. RUPP ANN MEIRLE ERH(SSON (1954.82) Gerald S. Robinson, Esquire Robinson & Geraldo P. O. Box 5320 Harrisburg, PA 17110-5320 Dear Mr. Robinson: RUPP AND MEHME A PROFESSIONAL CORPORA71ON 266 NORTH 21ST STREET, SUITE 205 CAMP HILL, PA 17011 (717) 761.0469 E-MAIL: RUPPLAWICAOL.COM March 21, 2001 Re: Josephine E. Pataky v. Steven A. Pataky No. 99-5829 NAILING ADDRESS P.O. BOX 206 CAMP HILL. PA 17001.0206 TELEFAX: (717) 720-0214 Please be advised that we have not received any medical records regarding Josephine Pataky. As such, we have not been able to evaluate them nor have we been able to consider requiring an independent medical exam or Ms. Pataky's deposition in this matter. Therefore, we are requesting a continuance in this matter. Please indicate your consent by signing on the line below and faxing to Mr. Todd Moul at the Cumberland County Domestic Relations Office at 240-6248. Thank you for your attention to this. RCR/lin I consent to a continuance in Date: z V/ the above ca 'oned support action. erald AjRobinson, squire Attorney for Josephine E. Pataky b -ID Attorney for Steven A. Pataky CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, hereby certify that on the date below, I served a true and correct copy of the foregoing document on the following person, by depositing same in the United States mail, postage prepaid, addressed to: Gerald S. Robinson, Esquire Robinson & Geraldo P. 0. Box 5320 Harrisburg, PA 17110-5320 Richard C. Rupp, Date: 1 >- G - L: , i ? - '? _ i` -'i I , 1 ,1 • _ iJ r. rM? 1^ STEVE PATAKY, Plaintiff VS. JOSEPHINE PATAKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6947 CIVIL CIVIL ACTION - LAW IN CUSTODY t ORDER AND NOW, this /to day of November, 2001, a Rule is issued upon the Defendant, Josephine Pataky, to show cause why she should not be held in contempt of our prior order directing her to provide a release to Plaintiff so that he could obtain her medical and insurance records. Rule returnable Thursday, November 29, 2001, at 9:30 a.m. in Courtroom #5 of the Cumberland County Courthouse, Carlisle, PA. L? cu. V, pcP! STEVEN PATAKY, Plaintiff VS. JOSEPHINE PATAKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6947 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT K , AND NOW, this J- day of /:4V M?_ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court are vacated and replaced with this Order. 2. The Father, Steven Pataky, and the Mother, Josephine Pataky, shall have shared legal custody of Thomas Pataky, born January 31, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. SCHOOL YEAR: Effective upon the beginning of the 2002-2003 school year, the parties shall alternate having custody of the Child on weekends from Friday at 7:00 p.m. through Sunday at 7:00 p.m. The Father shall have custody of the Child during the weekdays. When the Father is working the night shift, the Mother shall pick up the Child at the Father's residence (unless otherwise arranged between the parties) at 9:15 p.m. on school nights and the Child shall be transported to school the following morning by bus from the Mother's residence. The Father shall pick up the Child in the afternoons after school. B. SUMMER SCHOOL BREAK: During the summer school break each year, each party shall be entitled to have custody of the Child for 5 weeks, with no more than 2 weeks to be scheduled consecutively by either party. The specific times and dates for each party's periods of custody shall be arranged by agreement of the parties. In the event a party has to work during his or her periods of summer custody, the other party shall be entitled to have custody of the Child during the other party's employment as arranged by agreement. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 1:00 p.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 1:00 p.m. In every year, the Fattier shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before Thanksgiving at 7:00 p.m. through the Saturday after Thanksgiving at 7:00 p.m., and Segment B, which shall run from the Saturday after Thanksgiving at 7:00 p.m. through the following Monday at 7:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. C. EASTER: The parties shall alternate having custody of the Child on Easter Sunday from 9:00 a.m. until 9:00 p.m. The Father shall have custody of the Child on Easter in odd numbered years and the Mother shall have custody in even numbered years. D. MEMORIAL DAY/LABOR DAY: The Memorial Day and Labor Day holiday periods of custody shall include the entire weekend from Friday at 7:00 p.m. through Monday at 9:00 p.m. In even numbered years, the Father shall have custody of the Child over the Labor Day weekend and the Mother shall have custody over the Memorial Day weekend, and in odd numbered years, the Father shall have custody of the Child over the Memorial Day weekend and the Mother shall have custody over the Labor Day weekend. The weekend holiday periods of custody under this provision shall take precedence over the regular alternating weekend schedule and no adjustments shall be made for a missed weekend for the holiday. E. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on lvlother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 9:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The parties agree that neither party shall seek a modification to the custody arrangements set forth in this Order unless that party can provide documentation by an expert that the ongoing custody arrangements will cause a significant detrimental effect on the Child in the absence of modification. The parties agree that any party seeking modification under this provision shall be required to obtain a custody evaluation at his or her sole cost and that no Hearing will be scheduled until the custody evaluation is completed. I G. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. 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 consent. In the absence of mutual consent, the terms of this Order shall control. cc:/4hard C. Rupp, Esquire - Counsel for Father /Gerald S. Robinson, Esquire - Counsel for Mother BY THE COURT, 4 Edgar B. Bayley, Sly-O PO J. STEVEN PATAKY, Plaintiff VS. JOSEPHINE PATAKY, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6947 CIVIL ACTION LAW IN CUSTODY 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 information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Thomas Pataky January 31, 1994 Mother/Father 2. A Conciliation Conference was held on August 7, 2002, with the following individuals in attendance: The Father, Steven Pataky, with his counsel, Richard C. Rupp, Esquire, and the Mother, Josephine Pataky, with her counsel, Gerald S. Robinson, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?GLtah /.a load- /0(?-• v? ? A-{?l n--, Date T` Dawn S. Sunday, Esquire Custody Conciliator