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HomeMy WebLinkAbout07-4980TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY . PENNSYLVANIA vs. CIVIL ACTION - CUSTODY KELLI S. HARMAN-LEVINSKY, Defendant NO • D 7 ^ y 9~ ~`~ ~`~`~ N O T I C E T O D E F E N D 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 (20) days 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 forth against you. You 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 or 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 5ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 -a :---.. P~~ Mary A. Etter Dissinger Attorney for Plaintiff . TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY COMPLAINT FOR CIISTODY 1. Plaintiff is Terry L. Levinsky, residing at 625 Washington Street, Columbia, Lancaster County, Pennsylvania, 17512. 2. Defendant is Kelli S. Harman-Levinsky, residing at 5455 Bonny ',Rigg Court, Mechanicsburg, Cumberland County, Pennsylvania,17050. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Tristan Ray Levinsky 5455 Bonny Rigg Court 5 months Mechanicsburg PA 17050 4. The child was not born out of wedlock. 5. The child is presently in the custody of Defendant who resides at 5455 Bonny Rigg Court, Mechanicsburg, Cumberland County, Pennsylvania,17050. 6~. During the past five years, the child has resided with the following persons at the following addresses: Persons Addresses Date Terry Lee Levinsky 5455 Bonny Rigg Ct. birth- on or about and Kelli S. Mechanicsburg PA 2/28/07 ;'.Harman-Levinsky 17050 i Kelli S. Harman- Levinsky, Rachel Harman (age 12), Trevor Harman (age 16) 5455 Bonny Rigg Ct. on or about Mechanicsburg PA 7/18/07- current 17050 7. The mother of the child is Kelli S. Harman-Levinsky who currently resides at 5455 Bonny Rigg Court, Mechanicsburg, i Cumberland County, Pennsylvania,17050. 8. She is married to Terry L. Levinsky. 9. The father of the child is Terry L. Levinsky who currently resides at 625 Washington Street, Columbia, Lancaster County, Pennsylvania, 17512. 10. He is married to Kelli S. Harman-Levinsky. 11. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with his step-father. 12. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the child and her two children from a previous relationship. 13. 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. 14. Plaintiff has no information of a custody proceeding ~, concerning the child pending in a court of this Commonwealth. 15. 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. 16. The best interest and permanent welfare of the child will be served by granting the relief requested because can provide a more stable environment within which the child will grow and flourish. 17. Each parent whose parental rights to the child has 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 ~~!Ivisitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests the Court to grant custody of the child to Terry L. Levinsky. Respectfully Submitted: AND DISSINGER Mary Etter Dissinger Attorney for Plaintiff Supreme Court I.D. #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Terry L. Levinsky, verify that the statements made in the Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 I, Pa.C.S. §4904 relating to unsworn falsification to authox-ities. i Terry L. L laintiff ... v~~-~ ~? ~,, ~~ ~, ~` ~' T ^ 1 r'r) _ f-.~ `` ~, 1 _. ~ ~~- :~ ~ ~ .~. c TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-4980 CIVIL ACTION LAW KELLI S. HARMAN-LEVINSKY IN CUSTODY DEFENDANT 9RDER OF COURT AND NOW, Monday, August 27, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 26, 2007 at 11:30 AM for aPre-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. The court hereby directs the parties to furnish any and ail existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT. By: Isl Dawn S. Sunday, Esq. 1~_ 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ' ~"" ~+' Ga 3t~~ _ ~~ ~ ~~,pt,. .4 ! Y~~~~1 IV ~~ ~V Y"~~ ~~ ~l i i 4.V4V R~''~.t.~'~~.~ e.~~`~:d ~~ ~0 ~~i~~`~wfl~li~ TERRY L. LEVINSKY, ) Plaintiff ) vs. ) KELLI S. HARMAN-LEVINSKY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4980 CIVIL IN CUSTODY ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant Kelli S. Harman-Levinsky, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Custody filed in the above action on behalf of the Defendant. 27 August 2007 I L. An Attorney for Defendant Supreme Court ID #17225 C`a ev 4 "T 7 t~? " fn 'a' f ' ; ~:: t i ~ ~.._ -: .,: !'~ ~.'; LO ~ ~"t..t ~- :C`' C~"- ~ ~ 1`11'1 rrov o ~taot~y TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ .~ day of ~ a ~ c -~ b J 2007, -upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Terry L. Levinsky, and the Mother, Kelli S. Harman-Levinsky, shall have shared legal custody of Tristan Ray Levinsky, born February 28, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each parry shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Pending the follow-up conciliation conference scheduled in this Order, the Father shall have partial physical custody of the Child, based on the work schedule provided at the conciliation conference, every time the Father has two (2) consecutive days off work from the first day off at 2:00 p.m. through the second day off at 2:00 p.m. and, when the Father has three (3) consecutive days off work, from the first day at 2:00 p.m. through the third day at 4:00 p.m. The Father's periods of custody under this provision shall be based at the residence of Ray Levinsky in Dallastown where the Father and Child shall spend all overnight periods and nap periods. In addition, the Father shall have custody of the Child at any other times as arranged by agreement between the parties. ~n~~v~d ~r~Q~ ~~.~~wt~3 ~ o ~~ w~ ~ i nQ~r tit h~~o~a~-~~n~u ~~__ ~ 4. The parent receiving custody shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on December 12, 2007 at 10:00 a.m. The purpose of the conference shall be to review the custodial arrangements and address the issue of expansion of the Father's periods of partial custody. 6. 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, c~ d _ - J. cc: Mary A. Etter Dissinger, Esquire -Counsel for Father Samuel L. Andes, Esquire - .Counsel for Mother TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4980 CIVIL ACTION LAW KELLI S. HARMAN-LEVINSKY Defendant 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 Tristan Ray Levinsky February 28, 2007 Mother 2. A custody conciliation conference was held on November 1, 2007, with the following individuals in attendance: the Father, Terry L. Levinsky, with his counsel, Mary A. Etter Dissinger, Esquire, and the Mother, Kelli S. Harman-Levinsky, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~X~I ~.c, rind Date Dawn S. Sunday, Esquire Custody Conciliator DEC 17 2007 TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this l day of ~ c.C._ 200, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 9, 2007 shall continue in effect as modified by this Order. 2. Beginning immediately and continuing on an ongoing basis, when the Father works on the day shift immediately preceding his two (2) days off, the Father's period of partial custody shall begin after work on the last day of work rather than on his first day off. Beginning February 1, 2008, and continuing on an ongoing basis, when the Father has two (2) days off work immediately followed by a return to work on the night shift (which does not fall on a Monday) the Father shall retain custody of the Child through the day on which he returns to work on the night shift, when the Mother shall pick up the Child at Ray Levinsky's residence at 5:00 p.m. In the event the Father's return to work on the night shift falls on a Monday, the exchange of custody shall be on the preceding Sunday. 3. After implementing the expansions of the Father's periods of partial custody provided in this Order for a period of at least two (2) months, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the custody schedule, if necessary. 4. Unless otherwise agreed between the parties, all exchanges of custody shall take place at 5:00 p.m. 5. The Father may remove the Child from the local area during his periods of custody to take trips or visit friends and family in Clinton County or elsewhere. In the event either party intends to remove the Child from the local area for an extended period (10 hours or more), that parent shall provide advance notice to the other parent of the contact information for the Child. 'Y 6. 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, J. esley Oler ~ T r J. cc: Mary A. Etter Dissinger, Esquire -Counsel for Father ~~ ~ ~ /hd t Samuel L. Andes, Esquire -Counsel for Mother P ~~~~v~u7 cruel ~~ E3~ 3 ~ ~ ~.~ ~~ d .:~~~ CV ~:~ a ~ -u ~ ti.. ~ ° ~ ~ ns TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 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 Tristan Ray Levinsky February 28, 2007 Mother 2. A custody conciliation conference was held on December 13, 2007, with the following individuals in attendance: the Father, Terry L. Levinsky, with his counsel, Mary A. Etter Dissinger, Esquire, and the Mother, Kelli S. Harman-Levinsky, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Y~~~~ ~ ~i a-~v-7 Date Dawn S. Sunday, Esquire Custody Conciliator TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVII. ACTION LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Terry L. Levinsky, by and through his attorney, Mazk F. Bayley, Esquire, and in support of the within petition avers as follows: 1. Conciliator Dawn Sunday, Esquire, was previously assigned to this matter. 2. Terry L. Levinsky, Petitioner, (hereinafter referred to as "Father"), is the Plaintiff in the above caption-matter, and is an adult currently residing at 625 Washington St., Columbia, PA 17512. 3. Kelli S. Harman-Levinsky, Respondent, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual residing at 5455 Bonny Rigg Court, Mechanicsburg, PA 17050. 4. Tlie parties are the natural pazents of: Tristan Ray Levinsky (date of birth 2/28/07). 5. A prior order was entered on November 9, 2007 (copy is attached as Exhibit "A") and a corresponding order was entered on December 19, 2007 (copy is attached as Exhibit "B "); both orders were by the Honorable J. Wesley Oler. 6. A change of circumstances has occurred in that: a) Father's scheduled custodial periods were based upon his work schedule and Father was recently laid off; instead of simply continuing exchanges based upon Father's predetermined schedule, Mother has opted to use the opportunity to refuse Father any contact with the children whatsoever. b) Father previously agreed to conduct his custodial periods in Dallastown with Father's parents; this stipulation was unnecessary in the first place and has become burdensome. Father now seeks to exercise his custodial periods at his own residence or whatever other location he deems appropriate. 6. Father is requesting that the current order be modified as agreed upon by the parties or otherwise determined by the court to be in the best interests of the child. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference. ~Q Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~. (}~ Mark F. Bayley, quire Attorney for Plaintiff TERRY L. LEVIN5KY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CNII, ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 -~ro~ Dated: Mar .Bayley, Esquire Attorney for Plaintiff ~ ~ -- `~~ ~ ,~ f NOY 0 ~I~-~J'~~' TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day ofn) n v c --~ b J 2007, ~ upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Terry L. Levinsky, and the Mother, Kelli S. Harman-Levinsky, shall have shared legal custody of Tristan Ray Levinsky, bom February 28, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. Pending the follow up conciliation conference scheduled in this Order, the Father shall have partial physical custody of the Child, based on the work schedule provided at the conciliation conference, every time the Father has two (2) consecutive days off work from the first day off at 2:00 p.m. through the second day off at 2:00 p.m. and, when the Father has three (3) consecutive days off work, from the first day at 2:00 p.m. through the third day at 4:00 p.m. The Father's periods of custody under this provision shall be based at the residence of Ray Levinsky in Dallastown where the Father and Child shall spend all overnight periods and nap periods. In addition, the Father shall have custody of the Child at any other times as arranged by agreement between the parties. < << t` C ~ t 4. The parent receiving custody shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on December 12, 2007 at 10:00 a.m. The purpose of the conference shall be to review the custodial arrangements and address the issue of expansion of the Father's periods of partial custody. 6. This Order is entered pursuant to an agieement 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, cc: Mary A. Etter Dissinger, Esquire -Counsel for Father Samuel L. Andes, Esquire - .Counsel for Mother TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4980 CIVIL ACTION LAW KELLI S. H!~-RMAN-LEVINSKY Defendant 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: NAM DATE OF BIRTH CURRENTLY IN CUSTODY OF Tristan Ray Levinsky February 28, 2007 Mother 2. A custody conciliation conference was held on November 1, 2007, with the following individuals in attendance: the Father, Terry L. Levinsky, with his counsel, Mary A. Etter Dissinger, Esquire, and the Mother, Kelli S. Harman-Levinslry, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 1"I.tJL~G+~~iilt , .~~n 7 Date Dawn S. Sunday, Esquire Custody Conciliator ~~ ~ ~~ 10 ~2 Md CI AONlB~ ~~ ~~+~ 1 °/ zuuf Pay TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4980 CIVIL ACTION LAW KELLI S. HARMAN-LEVINSKY Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of > t 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 9, 2007 shall continue in effect as modified by this Order. 2. Beginning immediately and continuing on an ongoing basis, when the Father works on the day shift immediately preceding his two (2) days off, the Father's period of partial custody shall begin after work on the last day of work rather than on his first day off. Beginning February 1, 2008, and continuing on an ongoing basis, when the Father has two (2) days off work immediately followed by a return to work on the night shift (which does not fall on a Monday} the Father shall retain custody of the Child through the day on which he returns to work on the night shift, when the Mother shall pick up the Child at Ray Levinsky's residence at 5:00 p.m. In the event the Father's return to work on the night shift falls on a Monday, the exchange of custody shall be on the preceding Sunday. ~. After implementing the expansions of the Father's periods of partial custody provided in this Order for a period of at least two (2) months, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the custody schedule, if necessary. 4. Unless otherwise agreed between the parties, all exchanges of custody shall take place at 5:00 p.m. 5. The Father may remove the Child from the local area during his periods of custody to take trips or visit friends and family in Clinton County or elsewhere. In the event either party intends to remove the Child from the local area for an extended period (10 hours or more), that parent shall provide advance notice to the other parent of the contact information for the Child. C Vt,~I _, El ~~ ~ ~ ~ YJ 6. 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, J. ey Oler J. cc: Mary A. Etter Dissinger, Esquire -Counsel for Father Samuel L. Andes, Esquire -Counsel for Mother ~"~~~ ~-PY P~i~i~ ~~~~~~ ~~ 'f~~tlm~ny where~of,.l here unta ~~~ n~v ~~ >~~ t!~ ! 1~~ ~i~ C at Ga~ri~sis, ~ ~~~. TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant Prior Judge: J. Wesley Oler, Jr. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY 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 Tristan Ray Levinsky February 28, 2007 Mother 2. A custody conciliation conference was held on December 13, 2007, with the following individuals in attendance: the Father, Terry L. Levinsky, with his counsel, Mary A. Etter Dissinger, Esquire, and the Mother, Kelli S. Harman-Levinsky, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ,~ Date Dawn S. Sunday, Esquire Custody Conciliator {~~F<µ~ ~' rig . , ( V ~~~ `._ ai "t'9 ~ .~ -_---1 . ~( .J ^^ -,~ ~[ --~ "\ ~' s l'''i r.`? .~7 ^'~~ A .-. TERRY L. LEVINSKY, Plaintiff v. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII, ACTION -LAW N0.07-4980 IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY Please enter my appearance on behalf of the Plaintiff, Terry Levinsky, in the above- captioned matter. ~~~ Date: Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff r Y- ~1 TERRY L. LEVINSKY, Plaintiff v. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -LAW N0.07-4980 IN CUSTODY CERTIFICATE OF SERVICE I, Mazk F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 '- ~ ~- Dated: Mazk F. Bayley, Esquire Attorney for Plaintiff *., r'~ _ l;t f~ _`t r ;~; . ~: ~ s ~ ., r • ,.~ ,, f , , _ ~"~" {~ r~__ - ~"`J ~.. ~ ~ _ •• "; _ F = ~ TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLI S. HARMAN-LEVINSKY DEFF.,N DANT • 2007-4980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Apri108, 2008 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 06, 2008 at 10:30 AM for aPre-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 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, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~ ~ ~ ~~~-~hs~c~a~ 1 1 ~~ Wd 6- ~~~ 840Z A~~. ~~t~ Cif ~ TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIANCE OF A CUSTODY ORDER The petition of Terry L. Levinsky (hereafter "Father"), by and through his attorney, Mark F. Bayley, Esquire, respectfully represents: A prior Order was entered on November 9, 2007, (copy is attached as Exhibit "A") and a corresponding Order was entered on December 19, 2007 (copy is attached as Exhibit "B "); both orders were by the Honorable J. Wesley Oler. 2. Defendant (hereafter "Mother") has willfully failed to abide by the Orders in that she has unilaterally assumed total physical custody of the parties' child since the end of March of 2008. 3. Father's ordered custodial periods are based upon a predetermined work schedule (through December of 2008) and Father was recently laid off; instead of simply continuing exchanges based upon Father's predetermined schedule, Mother has opted to use the opportunity to refuse Father any and all contact with the child under the guise that the predetermined schedule has somehow vanished due to the actual employment ending. 4. Mother's failure to comply with the Court has resulted in Father losing his valuable days with the child and has forced him to pay unnecessary expenses related to litigating the within petition. WHEREFORE, Father requests that Mother be found in contempt of the standing Court Orders and that the Court award Father make-up periods of physical custody, attorney/filing fees, restitution, and any other relief the Court deems just, and that if Mother continues to disregard the Court Orders, that she be incarcerated in Cumberland County Prison until she decides to comply. ~ ~ Date: Respectfully submitted, BAYLEY & AN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 TERRY L. LEVINSKY : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : 07-4980 CIVIL ACTION LAW KELLI S. HARMAN-LEVINSKY Defendant : IN CUSTODY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esq e TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitoner/Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 .-' ~- Dated: Mark F. Bayley, Esqu' Attorney for PetitionerlPlaintiff ,~ t"~ .. ~~ ~_~ r-:~, _,~ ~r-ri ~.,~ .,,~ ,~~,. --a l r n ~' f..:. rya -~ ~ ~ ~`~ G ~` _ \P . ~~ .., ~ _..w a",.,.7 iT p ~ i :.3 :.~ ~' _,,,1 .~. TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLI S. HARMAN-LEVINSKY DF,FF.,N:DANT • 2007-4980 CIVIL ACTON LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Apri129, 2008 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 nn Tuesday, May 06, 2008 at 10:30 AM for aPre-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 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, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ ~~ ~ ~ ~ ~' ~ ~ ~~ A~^ rtrt ~+ /^~, • ~ t Q fl ~ ` L~{~~~1111~ ~( ~- ~` `~~: --~-~ _ ..F_ _,r ri'e :w'1 ~` ~'~ ~v~~ "~ ~~ 1JIAY 0 8 X008 TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-4980 CIVIL ACTION LAW KELLI S. HARMAN-LEVINSKY Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of 1~/j y~ 2008, upon consideration of the attached Custody Conciliation Report, it is order d and directed as follows: 1. The prior Orders of this Court dated November 9, 2007, and December 19, 2007 are vacated and replaced with this Order. 2. The Father, Terry L. Levinsky, and the Mother, Kelli S. Harman-Levinsky, shall have shared legal custody of Tristan Ray Levinsky, born February 28, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. During every week, the Father shall have custody of the Child from Monday at 12:00 noon through Wednesday at 9:00 p.m., and from Friday at 6:00 p.m. through Saturday at 6:00 p.m. B. For ten (10) weeks effective immediately, the Father shall also have custody of the Child every week from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. to make up for custodial periods previously missed. d~~;t~,~u~~r~~~ n~~t } ,~ e„ F:~ j~sn~ ~'~ :z ~d £ ~ ~ ~~ 90~t ~d~~.t7~'vv~i,.~~c~ NHL ~0 Y 5. Each pazent shall be entitled to have custody of the Child for up to two (2) non-consecutive vacation weeks each calendaz year upon providing at least 45 days advance notice to the other pazent. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule vacation periods of custody to interfere with the Child's schooling or with major holidays, unless otherwise agreed between the parties. 6. The Father's periods of custody shall no longer be restricted to the residence of Ray Levinsky in Dallastown as previously required. 7. The pazent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception that the Father shall provide transportation for the return of custody to the Mother on Wednesdays at 9:00 a.m. and the Mother shall provide transportation to return the Child to the Father's custody on Fridays at 6:00 p.m. 8. In the event the Father resumes his employment at Three Mile Island under the same schedule which was effective in the last quarter of 2007, the Father's partial custody schedule shall be modified to revert to the schedule outlined in the prior Orders dated November 9, 2007 and December 19, 2007. 9. In the event the 10 makeup periods of custody provided in paragraph 4B of this Order aze implemented without a dispute which cannot be resolved between the parties, the Father's Petition for Contempt shall be withdrawn. 10. 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, cc: "Mark F. Bayley, Esquire -Counsel for Father Samuel L. Andes, Esquire -Counsel for Mother ~P , ~s ~~.~ l~C. .5~/~iI~DS ~~ TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4980 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 Tristan Ray Levinsky February 28, 2007 Mother/Father 2. A custody conciliation conference was held on May 6, 2008, with the following individuals in attendance: the Father, Terry L. Levinsky, with his counsel, Mark F. Bayley, Esquire, and the Mother, Kelli S. Harman-Levinsky, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~-.1~ . ~czv ~ Date T Dawn S. Sunday, Esquire Custody Conciliator TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVIL ACTION LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIANCE OF A Ci~STODY ORDER The petition of Terry L. Levinsky (hereafter "Father"), by and through his attorney, Mark F. Bayley, Esquire, respectfully represents: 1. The original Order regazding the above docketed matter was entered on November 9, 2007 and a corresponding Order was entered on December 19, 2007; both Orders were by the Honorable J. Wesley Oler, Jr. 2. Defendant (hereafter "Mother") previously failed to abide by the above Orders when she unilaterally assumed total physical custody of the parties' child in Mazch of 2008; Father subsequently filed his first petition for contempt on April 23, 2008 (attached as "Exhibit A" )• 3. Father's first petition for contempt was referred to conciliation ~uvhich took place on May 6, 2008; said conciliation resulted in the latest stipulated Order dated May 12, 2008 (attached as "Exhibit B "); pazagraph 4B of the Order provided Father with ten make-up periods which represented a portion of the time he missed due to Mother's contempt; Mother subsequently complied with the make-up periods and Father withdrew his first. petition for contempt. 4. Father is a member of the Army Reserve; he was ordered to Fort Dix, New Jersey, for most of the month of June 2008 for training; when Father returned, he resumed his periods of custody pursuant to the Order. 5. Father was ordered to Fort Jackson, South Carolina, for approximately two weeks in August of 2008; upon his return Mother had changed her cell phone number and refused to return Father's messages; Mother let a third party convey to Father that he should contact her attorney. 6. Father appeazed at Mother's residence on Monday, August 18, 2008 to commence his Ordered period of custody; Mother was not present with the child at said tune and continued to avoid communication with Father; undersigned counsel attempted to contact Mother's attorney on the same day to no avail. 7. Father traveled to Mother's residence again on Tuesday, August 19, 2008 and found the parties' one year old child being supervised by Mother's eleven yeaz old daughter (unrelated to Father); upon Father's arrival the baby was being pushed in a stroller in the middle of the street by the other child; nobody else was present in or azound Mother's residence. 8. Father removed the baby from the child-supervisor and exercised his remaining period of custody pursuant to the Order. 9. Mother appeazed at Father's residence at or azound 8:00 p.m. on Wednesday, August 20, 2008, after she had called the police, claiming that she was in possession of a new Court Order awazding her full physical custody; when Mother could not produce said Order (which does not exist) the police permitted Father to complete his Ordered period of custody and Father returned the child to Mother at the exchange time pursuant to the Court Order (despite the fact that his custodial period had been cut in half). 10. Mother has subsequently failed to turn the child over to Father pursuant to the May 12, 2008 Order to date. 11. Despite having legal counsel, Mother apparently continues to justify her actions based upon her averment that Father has "chosen to be out of the child's life" based upon his recent Army Reserve training assignments. 12. Undersigned counsel has made various pleas to Mother's counsel for Mother to resume compliance with the Order to no avail. 13. Mother's continued failure to comply with the Court has resulted and continues to result in Father losing his valuable periods with the child and has forced him to pay unnecessary expenses related to litigating the within petition as well as the first contempt petition. WHEREFORE, Father requests that Mother be found in contempt of the standing Court Order and that the Court awazd Father make-up periods of physical custody, attorney/filing fees, restitution, and any other relief the Court deems just and/or primary physical custody. Respectfully submitted, BAYLEY & MANGAN -Z~- ~~ Date: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 TERRY L. LEVINSKY : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : 07-4980 CIVII. ACTION LAW KELLI S. HARMAN-LEVINSKY Defendant : IN CUSTODY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~~ ~ /'~ ~ C/ Mark F. Bayley, Esquire TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant F. Bayley, Esquire, respectfully represents: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVII. ACTION LAW ~ ~., c _° ,,~~. ~ ~ IN CUSTODY -_ - -' ~ -r, ~ N 'L7 1. A prior Order was entered on November 9, 2007, (copy is attached as Exhibit "A") and a corresponding Order was entered on December 19, 2007 (copy is attached as Exhibit "B "); both orders were by the Honorable J. Wesley Oler. 2. Defendant (hereafter "Mother") has willfully failed to abide by the Orders in that she has unilaterally assumed total physical custody of the parties' child since the end of March of 2008. 3. Father's ordered custodial periods are based upon a predetermined work schedule (through December of 2008) and Father was recently laid off; instead of simply continuing exchanges based upon Father's predetermined schedule, Mother has opted to use the opportunity to refuse Father any and all contact with the child under the guise that the predetermined schedule has somehow vanished due to the actual employment ending. 4. Mother's failure to comply with the Court has resulted in Father losing his valuable days with the child and has forced him to pay unnecessary expenses related to litigating the within petition. 0 ~~ ~~ -zJ ::~~_~ :~ rn i ne petition of Terry L. Levinsky (hereafter "Father"), by and through his attorney, Mark V'VI~REFORE, Father requests that Mother be found in contempt of the standing Court Orders and that the Court award Father make-up periods of physical custody, attorney/filing fees, restitution, and any other relief the Court deems just, and that if Mother continues to disregazd the Court Orders, that.. she be incazcerated in Cumberland County Prison until she decides to comply. Respectfully submitted, BAYLEY & MANGAr i / Date: Mazk F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 TERRY L. LEVINSKY : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PE1~TIVSYLVANIA vs. : 07-4980 CIVII. ACTION LAW KELLI S. HARMAN-LEVINSKY Defendant : IN CUSTODY VERIFICATION Mazk F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. i Date: ., r Mark F. Bayley, Esq e TERRY L. LEVINSKY : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : 07-4980 CIVIL ACTION LAW KELLI S. HARMAN-LEVINSKY Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitoner/Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 Dated: ~ Mark F. Bayley, Esqu' Attorney for Petitioner/Plaintiff ~~~° s ~OOSU~ TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 1~~- day of 2008, upon consideration of the attached Custody Conciliation Report, it is order d and directed as follows: 1. The prior Orders of this Court dated November 9, 2007, and December 19, 2007 are vacated and replaced with this Order. 2. The Father, Terry L. Levinsky, and the Mother, Kelli S. Harman-Levinsky, shall have shared legal custody of Tristan Ray Levinsky, born February 28, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. During every week, the Father shall have custody of the Child from Monday at 12:00 noon through Wednesday at 9:00 p.m., and from Friday at 6:00 p.m. through Saturday at 6:00 p.m. B. For ten (10) weeks effective immediately, the Father shall also have custody of the Child every week from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. to make up for custodial periods previously missed. Ex~,,l~,l f~ 5. Each parent shall be entitled to have custody of the Child for up to two (2) non-consecutive vacation weeks each calendaz year upon providing at least 45 days advance notice to the other parent. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule vacation periods of custody to interfere with the Child's schooling or with major holidays, unless otherwise agreed between the parties. 6. The Father's periods of custody shall no longer be restricted to the residence of Ray Levinsky in Dallastown as previously required. 7. The pazent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception that the Father shall provide transportation for the return of custody to the Mother on Wednesdays at 9:00 a.m. and the Mother shall provide transportation to return the Child to the Father's custody on Fridays at 6:00 p.m. 8. In the event the Father resumes his employment at Three Mile Island under the same schedule which was effective in the last quarter of 2007, the Father's partial custody schedule shall be modified to revert to the schedule outlined in the prior Orders dated November 9, 2007 and December 19, 2007. 9. In the event the 10 makeup periods of custody provided in paragraph 4B of this Order are implemented without a dispute which cannot be resolved between the parties, the Father's Petition for Contempt shall be withdrawn. 10. 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, J. sley Oler, Jr. J. cc: Mazk F. Bayley, Esquire -Counsel for Father Samuel L. Andes, Esquire -Counsel for Mother tJ? ~~e~x;`~f*"!•'Ae~p,a~ y;#;~s~~~a~~ ~ ~RE~Yti2 4 r~`,.~ ~=:ia ~&"~~' ~.~~1++a6 ~ ~}~yw iii.Lw~ ~. ~;t~ 1r/ ~K S~r.ti dtr~«Y3ii 1"i7 ,_ ~ .~ TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4980 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 Tristan Ray Levinsky February 28, 2007 Mother/Father 2. A custody conciliation conference was held on May 6, 2008, with the following individuals in attendance: the Father, Terry L. Levinsky, with his counsel, Mark F. Bayley, Esquire, and the Mother, Kelli S. Harman-Levinsky, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. I __.~.~c2~"-- ~ Date Dawn S. Sunday, Esquire Custody Conciliator TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4980 CIVII. ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitoner/Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Cazlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire PO Box 168 Lemoyne, PA 17043 1 Dated: J ~~ ~ ~<~ Mark F. Bayley, Esquire Attorney for Petitioner/Plaintiff ,.-a : `a f~ _ ~~1 f _ ~ ,-s.4 ~ .C~p~, 1~ ~ '~ l ~~~~ ~ "~4 ', \. ''~ TERRY L. LEVINSKY, Plaintiff ) vs. ) KELLI S. HARMAN-LEVINSKY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4980 IN CUSTODY DEFENDANT'S PETITION FOR CONTEMPT AND TO MODIFY ORDER AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the Court to adjudge the Plaintiff in contempt of its prior order and to modify said order in accordance with this petition, all based upon the following: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. 2. The parties aze husband and wife and are the parents of one minor child, Tristan Ray Levinsky, born 28 February 2007. The child is the subject of a prior order of this Court dated 12 May 2048, a copy of which is attached hereto and marked as Exhibit A. 3. Plaintiff has repeatedly violated the terms of the said order by failing to return the child at the end of his periods of custody and by other actions which obstruct Defendant's custodial rights. Most recently, Plaintiff engaged in the following conduct in violation of the order: A. For a period of time from eazly July until mid-August, 2008, Plaintiff did not exercise his periods of temporary custody. His explanation to Defendant was that he was out-of--town on military training sessions and then to visit members of his family out-of- state. -1- B. Plaintiff was scheduled to commence a period of temporary custody on Monday, 18 August 2008, at 12 noon. He failed to appear at that time, as he had for approximately six weeks prior to that, and also failed to notify Defendant that he was not exercising his period of custody. C, Without any prior notice to Defendant, Plaintiff appeared at Defendant's home on the evening of Tuesday, 19 August 2008, and removed the child from Defendant's home without Defendant's prior knowledge or consent. D. Plaintiff then failed to return the child on the evening of Wednesday, 20 August 2008, as required by the order. When Defendant went to Plaintiff's residence to pick up the child, Plaintiff assaulted her, threatened her and the other people with her, and refused to relinquish the child. Defendant had to engage the local police to recover custody of the child in accordance with the order. 4. Plaintiff s conduct toward Plaintiff, both in the presence of the child and with regard to the custody order, had been unreasonable, threatening, and obstructive. 5. Because of Plaintiff's conduct toward Defendant, particularly in the presence of the child, and because of Plaintiff's violation of the order, Defendant believes it is in the best interest of the child to modify the order to restrict Plaintiff's periods of custody. 6. Because of Plaintiffs angry outbursts and erratic and unreasonable behavior, Defendant believes anger management or similar counseling is necessary to assist Plaintiff in learning to control his anger, particularly in the presence of the child. WHEREFORE, Defendant prays this Court to adjudge Plaintiff in contempt of its prior order, to require Plaintiff to undertake a continuing course of anger management counseling, and to modify the -2- order to reduce Plaintiffs periods of temporary custody until such time as he learns to control his anger and is conduct with regazd to the child and Defendant improves. S L. An s Attorney for Defendant P.O. Box 168 Lemoyne, PA 17043 717-761-5361 -3- I verify that the statements made in this petition are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Kelli S. Harman-Levinslcy -4- CERTIFICATE OF SERVICE I hereby certify that on ~ O,.Q,r 2008, I served a copy of the foregoing document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 Samuel L. An es Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 SAY ~ 9 Zoos TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2407-4980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~~~ 2008, upon consideration of the attached Custody Conciliation Report~it ' ordered and directed as follows: 1. The prior Orders of this Court dated November 9, 2007, and December 19, 2007 are vacated and replaced with this Order. 2. The Father, Terry L. Levinsky, and the Mother, Kelli S. Harman-Levinsky, shall have shared legal custody of Tristan Ray Levinsky, born February 28, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. During every week, the Father shall have custody of the Child from Monday at 12:00 noon through Wednesday at 9:00 p.m., and from Friday at 6:00 p.m. through Saturday at 6:00 p.m. B. For ten (10) weeks effective immediately, the Father shall also have custody of the Child every week from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. to make up for custodial periods previously missed. 5. Each parent shall be entitled to have custody of the Child for up to two (2) non-consecutive vacation weeks each calendar year upon providing at least 45 days advance notice to the other parent. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule vacation periods of custody to interfere with the Child's schooling or with major holidays, unless otherwise agreed between the parties. 6. The Father's periods of custody shall no longer be restricted to the residence of Ray Levinsky in Dallastown as previously required. 7. The parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody, with the exception that the Father shall provide transportation for the return of custody to the Mother on Wednesdays at 9:00 a.m. and the Mother shall provide transportation to return the Child to the Father's custody on Fridays at 6:00 p.m. 8. In the event the Father resumes his employment at Three Mile Island under the same schedule which was effective in the last quarter of 2007, the Father's partial custody schedule shall be modified to revert to the schedule outlined in the prior Orders dated November 9, 2007 and December 19, 2007. 9. In the event the 10 makeup periods of custody provided in paragraph 4B of this Order are implemented without a dispute which cannot be resolved between the parties, the Father's Petition for Contempt shall be withdrawn. 10. 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, J. sley Oler, Jr. J. cc: Mark F. Bayley, Esquire -Counsel for Father Samuel L. Andes, Esquire -Counsel for Mother ~+ 5 ,. T. 'k ler ~-'.~~ ~;~~~ ^ TERRY L. LEVINSKY Plaintiff vs. KELLI S. H'P~ItMAN-LEVINSKY Defendant 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: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4980 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this Iitigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tristan Ray Levinsky February 28, 200? Mother/Father 2. A custody conciliation conference was held on May 6, 2008, with the following individuals in attendance: the Father, Terry L. Levinsky, with his counsel, Mark F. Bayley, Esquire, and the Mother, Kelli S. Harman-Levinsky, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to entry of an Order in the form as attached. U ~:--`~- Date Dawn S. Sunday, Esquire Custody Conciliator ~_~ -r7 f „. cx~ i J ,.. ~ [; i r3 ~j 4 ~ ~ w ~r 7 -y.~ ~ h _ ."_~, -! ra, ~~ ~ - C,.ca .~~ ~:. ~ ~" _1~ T f"~~ C4 TERRY L LEVINSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLI S. HARMAN-LEVINSKY DEFENDANT • 2007-4980 CIVIL ACT10N LAW TN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 02, 2008 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October Ol, 2008 at 8:30 AM for aPre-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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. '~ ~Qj 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7]7)249-3166 ,~.t1~ ( f n~;~ J TERRY L. LEVINSKY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. KELLI S. HARMAN-LEVINSKY DF..,FENDANT • 2007-4980 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, September 09, 2008 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 01, 2008 at 8:30 AM for aPre-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 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, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1490. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ Z i .E ~Id 0 I d3S 8002 h~1G7~1,~~~d ~NZ ~ ~l~~c?-Cl~1t~ TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4980 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, this _~_ day of _ "~ L~c~cS 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 12, 2008 shall continue in effect. 2. Each party shall undergo a psychological evaluation through Guidance Associates to determine if either party has psychological issues/problems which have an adverse effect on this custody matter and to determine whether either party requires individual counseling/therapy. The evaluator shall meet with each party as part of the evaluation of the other party to identify concerns and perceptions. Each party shall share his or her evaluation results with the other party through counsel. Each party shall pay all costs of his or her own evaluation. Each party shall contact Guidance Associates within ten (10) days of the date of this Order to schedule the initial evaluation session. 3. Following completion of the psychological evaluations, the parties shall participate in co- parenting counseling with Deborah Salem. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall sign any authorizations required by Deborah Salem in order to obtain the psychological evaluation results for each party. The parties shall follow the recommendations of the counselor with regard to the frequency and duration of counseling sessions. e7 i "~ r't tt .!: ~ ~~1 ~~ ~~~ E~~ V_ ~~V Vii ii J"1tJY ~ 1: ~~~J ll l~.~J ~1 Ll. ~1..~! 4. Following completion of the psychological evaluations, counsel for either party may contact the conciliator to schedule afollow-up custody conciliation conference, if necessary. 5. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. cc: Mark F. Bayley, Esquire -Counsel for Father ~ ~Z2~~,~ ~U_ ~, 8_cP Samuel L. Andes, Esquire -Counsel for Mother V~''```j' `-~.-` BY THE COURT, A~1i1~:~ t r'~'u,~cr ~l-~I..:'t ~~ TERRY L. LEVINSKY Plaintiff vs. KELLI S. HARMAN-LEVINSKY Defendant Prior Judge: J. Wesley Oler, Jr. OCT 0 31UUb ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-4980 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 Tristan Ray Levinsky February 28, 2007 Mother 2. A custody conciliation conference was held on October 1, 2008, with the following individuals in attendance: the Mother, Kelli S. Harman-Levinsky, with her counsel, Samuel L. Andes, Esquire and the Father's counsel, Mark F. Bayley, Esquire. The Father, Terry L. Levinsky, did not appear at the conference and did not contact the conciliator. 3. The parties agreed (the Father through his counsel) to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator