Loading...
HomeMy WebLinkAbout07-6054NICK A. VORKAPICH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 4,6 sq CIVIL TERM DANA A. VORKAPICH, Defendant. IN DfV RCE e- a_o-ap y COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Nick A. Vorkapich, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Nick A. Vorkapich, is an adult individual with an address of 102 Bramblewood Lane, Lewisberry, York County, Pennsylvania 17339. 2. The Defendant, Dana A. Vorkapich, is an adult individual with an address of 322 Juniper Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of three (3) children, namely, Hailey A. Vorkapich, born January 21, 2002; Kaitlyn A. Vorkapich, born January 21, 2002; and Janelyn C. Vorkapich, born July 1, 2004. 4. The Plaintiff, Nick A. Vorkapich, desires that the parties have shared legal custody of the said minor children. 5. The Plaintiff, Nick A. Vorkapich, desires primary physical custody of the said minor children with periods of temporary physical custody to Defendant, Dana A. Vorkapich, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Nick A. Vorkapich respectfully requests that he be awarded primary physical custody and shared legal custody of Hailey A. Vorkapich, Kaitlyn A. Vorkapich, and Janelyn C. Vorkapich as provided herein, with periods of temporary physical custody to Defendant, Dana A. Vorkapich, as provided herein. By: Respectfully submitted, IRWIN & McKNIGHT A aintiff M U,ennsylvania Knight, III, Esquire 6et Street C17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: October 8, 2007 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. NI A. VORKAPICH Date: October 8, 2007 ib Q? `z) Q f ? C1 N C7 C) ';'`• F) ?. F } NICK A. VORKAPICH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-6054 CIVIL ACTION LAW DANA A. VORKAPICH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 18, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 01, 2007 at 10:00 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john . Man an r. Es q. 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 .e 4rr -ter * /-. (2 v. 0/ joo? t 4 -8 add 81 1w0 LOOZ ,k8VI ii aGHIOdd 3HI JO e 4 NOV 0 b 2001 A NICK A. VORKAPICH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6054 CIVIL ACTION LAW DANA A. VORKAPICH, IN CUSTODY Defendant ORDER OF COURT AND NOW this _1 ?ay of V,3 a V 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Nick A. Vorkapich, and the Mother, Dana A. Vorkapich, shall have shared legal custody of Hailey A. Vorkapich, born 1/21/2002, Kaitlyn A. Vorkapich, born 1/21/2002 and Janelyn C. Vorkapich, born 7/1/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have physical custody of the Children every week from Wednesday evening 5:30 pm until Sunday morning 8:00 am and the Father shall have physical custody Sunday 8:00 am until Wednesday 5:30 pm. 3. The Children shall remain in Mother's school district absent mutual agreement or further Order of Court. 4. The Mother and Father shall share the transportation for the custody exchanges as mutually agreed upon. 5. Holidays and Birthdays: For Thanksgiving, Mother shall have custody of the Children the Wednesday before Thanksgiving Day from 8:00 am until 6:00 pm and Father shall have custody of the Children on Thanksgiving Day. Mother shall have custody of the Children on every Christmas Eve from 8:00 am until 5:00 pm. Christmas Day shall be split into two blocks, Block A and Block B. Block A shall be from 9:00 am until 12:00 pm on 12/25 and Block B shall be from 12:00 pm on 12/25 until 12:00 pm the following day, (12/26). Father shall have Block A and Mother has Block B in alternating years, starting with Father having Block A in 2007. All other major holidays and the Children's birthdays shall be mutually agreed to by the parties. It is specifically understood that Mother and Father shall have custody of the Children on Mother's and Father's Day respectively as agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for T ` YWAlASNN3d AINf M, C NY!87,38i+tiltlJ Z0 :Z Wd C I WN L801 /,WIONa,?VOJd . ?O 3„01:40-OMM r ?i the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Vacation: Each parent shall have two weeks of vacation with the Children per year. The vacation periods shall not be consecutive for more than seven days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. This Order is entered pursuant to 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. The parties are directed to contact the assigned Conciliator to schedule a status update conference as necessary. Distribution: f'arcus McKnight, III, Esquire ?l ana Vorkapich, 322 Juniper Street, Carlisle, PA 17013 ?Phn J. Mangan, Esquire By the Court, NICK A. VORKAPICH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6054 CIVIL ACTION LAW DANA A. VORKAPICH, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1415.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent informati litigation is as follows: Name Hailey A. Vorkapich Kaitlyn A. Vorkapich Janelyn C. Vorkapich on pertaining to the Children who are the subject of this Date of Birth Currently in the Custody of 1/21/2002 Shared 1/21/2002 Shared 7/1/2004 Shared 2. A Conciliation Conference was held with regard to this matter on November 2, 2007 with the following individuals in attendance: The Mother, Dana A. Vorkapich, pro se The Father, Nick A. Vorkapich, with his counsel, Marcus A McKnight, III, Esq. 3. The parties agreed to the entry of an Order in the form as attached. t ?? a Date Jo J. angan, Esquire Custody Conciliator ?c 03 zoos ?? NICK A. VORKAPICH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6054 CIVIL ACTION LAW DANA A. VORKAPICH, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this _ day of 1? ; , 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order in this matter dated November 11, 2007 is hereby VACATED. 2. Legal Custody: The Father, Nick A. Vorkapich, and the Mother, Dana A. Vorkapich, shall have shared legal custody of Hailey A. Vorkapich, born 1/21/2002, Kaitlyn A. Vorkapich, born 1 /21 /2002 and Janelyn C. Vorkapich, born 7/l/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have physical custody of the Children every other week from Wednesday evening 5:30 pm until Saturday 6:00 pm. On alternate weeks, the Father shall have physical custody of the Children from Saturday at 6:00 pm until Sunday morning at 8:00 am and the following week Mother shall have physical custody of the Children until 8:00 am on Sunday. Every week, Father shall have physical custody of the Children from Sunday morning at 8:00 am until Wednesday at 5:30 pm. 4. The Children shall attend school in the school district of Father's residence absent mutual agreement or further Order of Court. 5. The Mother and Father shall share the transportation for the custody exchanges as mutually agreed upon. 6. Holidays and Birthdays: For Thanksgiving, Mother shall have custody of the Children the Wednesday before Thanksgiving Day from 8:00 am until 6:00 pm and Father shall have custody of the Children on Thanksgiving Day. For the Christmas holiday, Mother shall have the Children from December 23rd at 5:30 pm until December 24th at 5:00 pm. Father shall have physical custody of the Children from 5:00 pm on December 20 until December 25th at 6:00 pm. All other major holidays and the Children's birthdays shall be mutually agreed to by the parties. It is specifically understood that Mother and Father shall have custody of the Children :,AL on Mother's and Father's Day respectively as agreed upon. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Vacation: Each parent shall have two weeks of vacation with the Children per year. The vacation periods shall not be consecutive for more than seven days. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 11. This Order is entered pursuant to 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. The parties are directed to contact the assigned Conciliator to schedule a status update conference as necessary. Distribution: Marcus McKnight, III, Esquire Dana Vorkapich, 322 Juniper Street, Carlisle, PA 17013 John J. Mangan, Esquire ?o s rna.1 LCCL /alc.1d7 By the Court, NICK A. VORKAPICH, Plaintiff V. DANA A. VORKAPICH, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6054 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION 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 informati litigation is as follows: Name Hailey A. Vorkapich Kaitlyn A. Vorkapich Janelyn C. Vorkapich on pertaining to the Children who are the subject of this Date of Birth Currently in the Custody of 1 /21 /2002 Shared 1 /21 /2002 Shared 7/l/2004 Shared 2. A Conciliation Conference was held with regard to this matter on November 2, 2007 with the following individuals in attendance: The Mother, Dana A. Vorkapich, pro se The Father, Nick A. Vorkapich, with his counsel, Marcus A McKnight, III, Esq. 3. Upon request by the parties dated November 28, 2007, the parties have agreed to the following amendments to the Court Order dated November 11, 2007. tkIl /07 Date , /? / ZLA? Jo J. angan, EsquiK Custo(fy Conciliator