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HomeMy WebLinkAbout03-6608MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 -1 1LC CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Matthew Prazenica, an adult individual currently residing at 702 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Stacy Prazenica, an adult individual with a last known mailing address of 702 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, but who has, since approximately December 13, 2003, had residence elsewhere, believed to be in Marysville, Perry County, Pennsylvania, which specific residence is unknown to Plaintiff. 3. The parties are the natural parents of one (1) child, namely, Nathan Alan Prazencia, born December 28, 1995. The child was not born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time; NAME ADDRESS Matthew Prazenica 702 Highland Avenue Mount Holly Springs, PA 17065 DATES December 13, 2003 to Present NAME ADDRESS Matthew Prazenica 702 Highland Avenue Stacy Prazenica Mount Holly Springs, PA 17065 DATES January 1999 to December 13, 2003 The natural mother of the child is Stacy Prazenica who resides as aforesaid. She 5. 6. 7 8. is married. The natural father of the child is Matthew Prazenica who resides as aforesaid. He is married. The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently resides with child, Nathan A. Prazenica. The relationship of the Defendant to the child is that of natural mother. The Defendant is believed to be currently residing in Marysville with a boyfriend who's name is believed to be Wesley Campbell. The specific address is unknown and whether other individuals live with her is unknown. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to be in Plaintiff's primary physical and legal custody due to Defendant's instability and that Plaintiff can provide greater stability for the child's social, educational, psychological, and emotional needs and guidance. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical and legal custody of the child. Respectfully submitted, fie Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: 0-.24l- 03 A? `? . or? MATTHEW PRAZENICA, '? V C ?? (" ?? `^?`/ V ?__? l _? ?I MATTHEW PRAZENICA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY PRAZENICA • 03-6608 CIVIL ACTION LAW DEFENDAN'T' IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 29, 2004 at 8:30 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 Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ JacquelineM Wrnev Esq b 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 ?i jqv'?'?? _?-.? hob l rar1? ,? I ? : l l4d c- parr haoz !?" -M q MATTHEW PRAZENICA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STACY PRAZENICA, NO. 03-6608 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 14, day of ?' gt!vA2 y , 2004, upon presentation and consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that a Rule be issued upon the Respondent, to show cause, if any she has, as to why the Court should not implement a temporary Order providing Petitioner with primary physical and legal custody of the child pending further Order of Court or agreement of the parties. Rule returnable days after service by first class mail, postage prepaid to Respondent's last known address or personal service. Pending further proceedings, Petitioner shall have primary physical and legal custody of the child, Nathan Alan Prazenica, born December 28, 1995. By the Court, 1<7 J. v ?'1 nJ _y L? ^ C) <? - r _ _ ? lil ^. '' ? - ul 1 ] - t.: -? 1 ? ?, _i ?-` ?`} G7 '- MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6608 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE NO. 1915.13 AND NOW, comes Petitioner, Matthew Prazenica, by and through his counsel of record, Bradley L. Griffie, Esquire, and Petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Matthew Prazenica, an adult individual currently residing at 702 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Stacy Prazenica, an adult individual with a last known mailing address of 702 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, but who has, since approximately December 13, 2003, had residence elsewhere, believed to be in Marysville, Perry County, Pennsylvania, which residence is unknown to Plaintiff. 3. The parties are the natural parents of one child, namely, Nathan Alan Prazenica, born December 28, 1995. 4. On or about December 13, 2003, when Petitioner, who is active duty army reserves, returned from deployment in Iraq, Respondent picked up Petitioner and transported Petitioner and the parties' child to their home at 702 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 5. That evening, Respondent left the marital home and has established a residence, the specific whereabouts being unknown to Petitioner, and has only returned for short periods each evening to visit with Petitioner and the parties' son. 6. Respondent works at Sheetz in Mount Holly Springs, Cumberland County, Pennsylvania, where her work shift causes her to be at work from 4:00 a.m. until 1:00 p.m. five or six days per week. 7. Respondent has become involved on several occasions with an individual by the name of Wesley Campbell, who is seen as her "boyfriend," which involvement occurred while Petitioner was deployed as active army reserve in Texas between October 2001 and October 2002 and when Petitioner was again deployed for active reserve duty from February 2003 to December 13, 2003 in Iraq. 8. Respondent has advised Petitioner that Respondent's boyfriend is emotionally, verbally and physically abusive to her, and such abuse has necessitated calling the Pennsylvania State Police on at least one occasion while Petitioner was on active duty. 9. Respondent has initiated a process of securing a Protection from Abuse Order or other type of Court Order to protect her and the parties' child from her boyfriend, but failed to complete the processing of that action. 10. Petitioner's parents-in-law, being the Respondent's parents, are extremely close to Petitioner and the parties' child and have provided substantial assistance relative to child rearing, childcare, and financial assistance to Respondent, particularly while Petitioner was on active duty, but also to Petitioner as well. 11. Petitioner is currently considered to be on active duty but his deployment will officially end as of January 9, 2004. 12. Petitioner will be returning to his employment as a prison guard at the Cumberland County Prison, Carlisle, Pennsylvania, on December 29, 2003, where he will initially be working the 3:00 p.m. to 11:00 p.m. shift. 13. Petitioner and the child live within a few homes of the Rice Elementary School in Mount Holly Springs, Pennsylvania, where the child attends second grade and where the child had previously attended first grade and kindergarten. 14. Petitioner's parents-in-law, who live within a few homes of Petitioner, have assisted and will continue to assist in providing care for the child, as the childcare provider for the child, while Petitioner is employed on the 3:00 p.m. to 11:00 p.m. shift at the Cumberland County Prison. 15. Petitioner's parents live in Boiling Springs, Pennsylvania and likewise are available for assistance with the child in the event that Petitioner needs any additional assistance in caring for the child. 16. The child has an extremely close relationship with Petitioner and with both sets of grandparents who reside in the Mount Holly Springs area. 17. Respondent's employment with Sheetz necessitates her not only working the 4:00 a.m. to 1:00 p.m. shift on five or six days per week, but also commonly necessitates her working additional periods of time by being on call and being responsible as an assistant manager to work when other employees cannot work their scheduled shift. 18. Petitioner and the Petitioner's parents-in-law, as well as Petitioner's parents, are the stabilizing influence in the child's life. 19. The child has recently advised Petitioner that in the child's limited contacts with her, Respondent has advised him she will be picking up the child on Friday, January 16, 2004, to secure custody of him and will not be returning to the area. 20. Respondent has indicated that she plans to move the child either to the Marysville area where the child would attend Susquenita Schools, possibly into the Lower Dauphin School District, or possibly even to the State of Florida depending upon the needs of her boyfriend's employment. 21. Petitioner believes and, therefore, avers that the Respondent may attempt to remove the child from the home where the child has resided for the past five years and remove the child either to another jurisdiction within Pennsylvania or even another state without proper notice to Petitioner or without securing approval for such a move from the Court of Common Pleas of Cumberland County, which has jurisdiction over the issue of custody in this matter. 22. Petitioner has filed a Complaint for Custody which will cause a conciliation conference to be scheduled, but, in the meantime, there is no Order effecting custody of the child and no proof of service upon Respondent has been received to date. 23. It is believed to be in the best interest and permanent welfare of the child to enter a temporary Order in this matter providing Petitioner with primary physical and legal custody of the child pending a resolution of this matter through further agreement of the parties or Order of Court. 24. Petitioner has no specific means of providing notice of the intention to file the within Petition to the Respondent and, therefore, the request of the Petitioner is for the entry of an ex parte Order. 25. Petitioner will immediately serve Respondent with a copy of the Order requested herein, upon receipt, by personal service at her place of employment so that she is aware of the circumstance of the Order and her responsibilities to respond to the within requested Rule to Show Cause. WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Court providing him with primary physical and legal custody on a temporary basis and enter a Rule upon Respondent to Show Cause, if any she has, as to why the Order providing Petitioner with primary physical and legal custody pending further Order of Court or agreement of the parties should not be maintained pending the conciliation conference in this matter. Respectfully submitted, Date esquire tey or Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are 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 falsifications to authorities. DATE: 17- - 1 Co - 0 a , MATTHEW PRAZENICA-? C7 N ..(, _ « O ii ? ? ? -i ( Abu ` ? flT ( ? n IT ? G? ' ? - ?_) ? A ? -l , ? ) d to ? r ? r ? _ _, -` cu - . MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6608 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this _ ? .)nd day of January, 2004, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Matthew Prazenica, and states that a true and attested copy of a Complaint for Custody, was forwarded to Stacy Prazenica, at 702 Highland Avenue, Mt. Holly Springs, PA 17065, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on January 20, 2004. le, quire COG z ASS CIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this day of 2004 ARY IL m 0 F S E R I L U Er , .S Postage $ 0-" -11 Certified Fee C3 Retum Receipt Fee (FndorsemeMRequln>d) V D a + O d D li F R t t i i' S 3 b »! ly d) O e very ee es c e r (EndomemeM Required) e V C3 Total Postage & Fees $ • ?4/ m ?.. u'1 r-I 4 A'P7t. No P ox Noi`(? ,J(-?, _ Cie o z ro N JAN 2 0 2004V MATTHEW PRAZENICA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-6608 CIVIL TERM STACY PRAZENICA, : CIVIL ACTION - LAW Defendant IN CUSTODY TEMPORARY CUSTODY COURT AND NOW, this 2 =? day of F? ,N' , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated January 16, 2004 is hereby vacated. 2. The Father, Matthew Prazenica, and the Mother, Stacy Prazenica, shall have shared legal custody of Nathan Alan Prazenica, born December 28, 1995. 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. Father shall have primary physical custody of the Child. Mother shall have periods of partial physical custody as follows: A. Beginning January 31, 2004, alternating weekends from Friday after school (pickup at maternal grandparents' home) to Sunday at 7:00 p.m. B. Beginning the week of February 1, 2004, every Tuesday and Thursday from after school (pickup at maternal grandparents' home) to 8:00 p.m. C. Such other times as the parties agree. 5. Transportation shall be shared such that for alternating weekends, the parties shall meet at the Twin Kiss in Shermansdale, Pennsylvania. Transportation for the two evenings per week shall be the sole responsibility of Mother. 6. The parties shall cooperate with a custody evaluation to be performed by InterWorks. The parties shall share the cost of said evaluation. v 7. In the event that the Child needs a counselor and the counselor requests the involvement of the parents, the parents shall participate to the extent requested. ?a??vmhsr??;.?d )anco n} 4; IYVnJ ES :€ Wd Z- 93J Ual ?1bVjoj4o Oldd 3H13fl 8. Neither parent will do anything nor permit a third party to do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 9. 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. Another Conciliation Conference is scheduled for April 29, 2004 at 8:30 a.m. BY THE COURT, // J. cc:,Aradley L. Griffie, Esquire, Counsel for Fath ?f;tichard Wagner, Esquire, Counsel for Mother o2-a?l-a? MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2003-6608 CIVIL TERM : 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan Alan Prazenica December 28, 1995 Father 2. A Conciliation Conference was held in this matter on January 29, 2004, with the following individuals in attendance: The Father, Matthew Prazenica, with his counsel, Bradley L. Griffie, Esquire and the Mother, Stacy Prazenica, with her counsel, Richard Wagner, Esquire. 3. The Honorable Kevin A. Hess entered an emergency Order dated January 16, 2004 providing for Father to have primary physical custody and legal custody of the Child. 4. The parties agreed to the entry of an Order in the form as attached. (-A5 -y V A, Lku2z ,. Date cq ine M. Verney, Esquire 67 Custody Conciliator MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6608 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE NO. 1915.13 AND NOW, comes Petitioner, Matthew Prazenica, by and through his counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and Petitions the Court as follows: Your Petitioner is the above-named Plaintiff, Matthew Prazenica, an adult individual currently residing at 702 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Stacy Prazenica, an adult individual currently residing at 262 Butchershop Road, Duncannon, Pennsylvania 17020. 3. The parties are the natural parents of one child, namely, Nathan Alan Prazenica, born December 28, 1995. 4. The parties are subject to a temporary Custody Order dated February 2, 2004 which was entered by agreement following conciliation, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Paragraph 4(b) of the aforesaid Order provides Respondent with periods of partial custody every Tuesday and Thursday from after school until 8:00 p.m. 6. Since the week of February 1, 2004, when the weekday periods of partial custody began, Respondent has been conducting herself, while she has the child in her custody, in such a manner as to create great harm and adverse impact upon the child, including but not limited to the following: a.) Consistently and belligerently downgrading the Petitioner, as well as Respondent's parents, Marlin Troutman and Laura Troutman, who have been primary caretakers for the child since his birth; b.) Creating verbal and physical confrontation with Petitioner and with Respondent's parents during custody exchanges in front of the child and using those confrontations to further downgrade Petitioner and Respondent's parents in front of the child; c.) Refusing to vacate Respondent's parents' residence when asked to do so while demanding that they call the police to have her removed and then telling the child that his grandparents are having her put in jail when Respondent's parents finally call the Pennsylvania State Police to secure assistance; d.) Providing the child with improper food and drink in a manner to disrupt his normal routine relative to his normal meals and bedtime; e.) Refusing to return most of the child's brand new clothing that he has wom on weekend visits with Respondent; f.) Causing the child to be upset and agitated such that upon return visits the child cannot get to bed on school nights until 10:30 p.m. or later; g.) Failing and refusing to assist the child in doing his homework when she has the child on a school night, which necessitates the child trying to finish his homework into the late hours of the school night upon return from the visit; h.) Agitating the child to be disrespectful to his friends and teachers at school, his grandparents, who provide care for him, and his father, the Petitioner; i.) Advising the child that he should not and does not need to listen to the instructions of Petitioner and Respondent's parents, all of whom provide the primary care for the child; j.) Physically accosting Respondent's mother in front of the child; k.) Threatening Petitioner with intentional adverse treatment of the child while the child is in Respondent's care if Petitioner does not address other matters relative to finances, insurance, and the like, as Respondent demands of Petitioner; 1.) Failing and refusing to complete and provide documentation that is necessary to allow the child to be enrolled in counseling to assist him with the difficulties associated with Respondent's conduct and with the parties' separation, which conduct is contrary to the Court Order of February 2, 2004; m.) Failing and refusing to cooperate with the selection of a custody evaluator as selected by the parties, and failing to respond to select a new custody evaluator when it became known to the parties that the previously selected evaluator no longer performs evaluations; and n.) Allowing Respondent's paramour and his family to downgrade Petitioner, Petitioner's family, and Respondent's family to the child in an effort to estrange the child from Petitioner, Petitioner's family, and Respondent's family, contrary to the Court Order of February 2, 2004. 7. The conduct of Respondent as set forth above has had an adverse impact upon the child's personality, has caused him to be confrontational with his friends, schoolmates, teachers, and family members, has prohibited him from being engaged in counseling to assist with the difficulties that are being created by Respondent, has adversely affected the child's schooling, and has otherwise harmed the child emotionally, psychologically, mentally, and socially. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent to show cause, if she has, as to why her weekday visits on Tuesday and Thursday evenings from after school until 8:00 p.m. should not be terminated pending further Order of Court or agreement of the parties, and why such other relief that the Court deems just and proper should not be entered. Respectfully submitted, Date fi squire )?rP dioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: ?- MATTHEW PRNLENICA MATTHEW PRAZENICA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW STACY PRAZENICA, NO. 03-6608 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of March, 2004, cause a copy of Plaintiff s Petition for Special Relief to be served upon Defendant's attorneys of record by first class mail, postage prepaid at the following addresses: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 DATE: ,? j) % / n q GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 " r -XII c . , MAR 2 5 2004 MATTHEW PRAZENICA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STACY PRAZENICA, NO. 03-6608 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this f&t day of -0jQA4,L- 2004, upon presentation and consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that a Rule be issued upon the Respondent, Stacy Prazenica, to show cause, if any she has, as to why the relief requested should not be implemented, thereby removing the provisions for Respondent to have partial custody of the parties' child, Nathan Alan Prazenica, born December 28, 1995, on Tuesdays and Thursdays from after school until 8:00 p.m. pending further Order of Court. The Respondent shall file an Answer to the within Petition within twenty (20) days of service upon Respondent's counsel of record by first class mail, postage prepaid. This Petition shall be decided under Pennsylvania Rules of Civil Procedure No. 206.7. If a response is filed within twenty (20) days of service of this Rule upon Respondent, an Evidentiary Hearing on disputed facts shall be held on ? d a- y the o?8 day of S :Z 14d I - NV Uoz A 7.'D;00 iO'Uj uHi. =j0 2004, at f,30 12-.m. in Courtroom No. 4 of the Cumberland County Courthouse, Cumberland County, Pennsylvania. By the Court, Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff ffPetitioner P. Richard Wagner, Esquire Attorney for Defendant/Respondent ?? 41 Ol O MATTHEW PRAZENICA, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflPetitioner, V. STACY PRAZENICA, Defendant/Respondent. NO: 03-6608 CIVIL ACTION - LAW IN CUSTODY RESPONDENT'S ANSWER 7'0 PETITION FOR SPECIAL F a AND NOW, comes the Respondent, Stacy Prazenica, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Answer to a Petition for Special Relief served April 6, 2004: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that the Respondent has engaged in any kind of conduct so as to create harm and adverse impact upon the child, and it is further denied that: a. Respondent consistently and belligerently downgrades the Petitioner and Respondent's parents; b. Respondent created verbal and physical confrontations with Petitioner and Respondent's parents during custody exchanges in front of the child; C. Respondent refuses to vacate Respondent's parents' residence, and it is further specifically denied that the Respondent told the child that his grandparents were having her put in jail, in fact, the grandparents of the child stated in front of the child that they were going to place the mother in jail; d. Respondent provides the child with improper food and drink; e. Respondent refuses to return most of the child's brand new clothing; f. Respondent causes the child to be upset and agitated upon his return visits so he cannot get to bed; g. Respondent fails or refuses to assist the child in doing his homework; h. Respondent agitates the child to be disrespectful to his friends and teachers at school, his grandparents, and the Petitioner; Respondent advises the child that he should not and does not need to listen to the instructions of the Petitioner and Respondent's parents; j. Respondent physically accosts Respondent's mother in front of the child; -2- k. Respondent threatens the Petitioner with intentional adverse treatment of the child while the child is in Respondent's care if Petitioner does not address other matters relative to finances, insurance, etc.; 1. Respondent fails and refuses to complete and provide documentation which is necessary for the child to be enrolled in counseling; m. Respondent fails and refuses to cooperate with the selection of a custody evaluator; and n. Respondent allows her paramour and his family to downgrade Petitioner, Petitioner's family, and Respondent's family in an effort to estrange the child. 7. Denied. It is denied that the Respondent has engaged in conduct that would have an adverse impact upon the child's personality, causing confrontational episodes with schoolmates, teachers and family members, and it is denied that she is otherwise engaged in any course of conduct that has adversely affected the child or the child's schooling. -3- WHEREFORE, Respondent requests this Court to dismiss the Petition for Special Relief. Respectfully submitted, Mancke, Wagner & Spreha By P. Ri ardl Ja0er, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-•7051 Attorneys for Respondent Date: ?/ ao/Dzf -4- I verify that the statements made in the foregoing document are 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. DATE : ? 16g-"/Ox CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service :satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 By__1? /? L7c R¢ LJ Debra K. Spin der, Secretary MANCKE, WAGNER, & SPREHA 2233 North. Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Respondent DATE: !9/d/1?4 { ?s -??o ?? N ? N L ? C N ? -G .. '? r.U MATTHEW PRAZENICA, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STACY PRAZENICA, : NO. 03-6608 CIVIL TERM Defendant/Respondent : IN CUSTODY STIPULATION OF COUNSEL AND NOW, the day and year hereinafter set forth, counsel for the parties in the above- captioned action stipulate and agree that the request made by Petitioner, Matthew Prazenica, to receive attorney's fees due to his preparation and filing of a Petition for Special Relief and preparation for the hearing on the Petition for Special Relief, which Petition was necessitated by Respondent's failure to execute the necessary documents to allow the parties' child to initiate individual counseling, shall be maintained to be reviewed by the Cumberland County Divorce Master, or otherwise to be entertained in negotiations relative to the parties' resolution of their economic issues associated with their anticipated divorce proceedings and to be resolved by the Divorce Master as part of equitable distribution and related economic claims made by the parties. With this so exception, Petitioner withdraws his Petition for Special Relief in light of Respondent's execution of the necessary documents to allow the child to initiate individual counseling. Date: y I 1b Date: &/1/0 /Brad .S Jf?'f, Esquire AttbrneyforPetitioner P. cha Wagner, Esquire Attorney for Respondent r? CJ co Cn -7 rn G"' i t - OCT 1 9 2004 '?' MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6608 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of October, 2004, the Conciliator not receiving a request to reschedule the conference and more than 90 days having elapsed, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, I , l/ , acq line M. Verney, Esquire, ustody Conciliator O - C" hl e RECEIVED FEB 2 9 ?n MATTHEW PRAZENICA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. STACY PRAZENICA, : NO. 2003-6608 CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6'4 day of W-4 , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the c?& day of 2006, at q : o'clock, /4 . M., at which time testimony wil e taken. For purposes of this Hearing, the Father shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 2, 2004 shall remain in full force and effect. BY THE COURT, 4 - , , /I (Z - Kevin//A. Hess, J. l cc: Bradley L. Griffie, Esquire, counsel for Father P. Richard Wagner, Esquire, counsel for Mother ?jY? ? ? ., '.:?. 'fit .' MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-6608 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan Alan Prazenica December 28, 1995 Father 2. A Conciliation Conference was held February 28, 2006 with the following individuals in attendance: The Father, Matthew Prazenica, with his counsel, Bradley L. Griffie, Esquire, and the Mother, Stacy Prazenica, with her counsel, P. Richard Wagner, Esquire. 3. The Court previously entered an Order on February 2, 2004 providing for shared legal custody, Father having primary physical custody and Mother having alternating weekends, and two evenings per week. The prior Order also required the parties to cooperate with a custody evaluation. The custody evaluation was delayed, with Dr. Shienvold issuing a report in late 2005. 4. Father's position on custody is as follows: Father seeks to maintain the status quo, disagreeing with Dr. Shienvold's report of transferring primary physical custody to Mother. Counsel for Father objects that Dr. Shienvold issued a report after a one year delay and did not contact counsel to obtain an appointment for grandparents who care for the child while Father is at work. 5. Mother's position on custody is as follows: Mother agrees with Dr. Shienvold's recommendation of shared legal custody with Mother having primary physical custody and Father having alternating weekends, shared holidays, and shared physical custody in the summer. Mother believes that the child should not be forced to change schools this school year and would be satisfied to transition to the new schedule in the summer. 6. Both counsel agree to attempt to have Dr. Shienvold interview the parties and grandparents to prepare an updated report. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order. It is expected that the Hearing will require one day. Date A cqu ine M. Verney, Esq wire Custody Conciliator MATTHEW PRAZENICA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 03-6608 CIVIL STACY PRAZENICA, : Defendant IN CUSTODY ORDER AND NOW, this 4` day of July, 2006, after hearing, it is ordered and directed that the order of February 2, 2004, is modified to provide that, in the year 2006, commencing July 14, 2006, at 5:00 o'clock p.m., the parties shall share physical custody of the child, Nathan, week on/week off during his summer vacation from school, commencing on July 14, 2006, with the mother. In 2007 and subsequent years, the mother shall have custody of Nathan during the first full week after the end of school, commencing on Friday at 5:00 p.m. and the parties shall alternate week on/week off throughout the summer. In all other respects, the order of February 2, 2004, shall remain in full force and effect for the reason that.rhe court is satisfied, at this point in time, that primary custody in the father is in Nathan's best interest. The court recognizes, however, that after there has been an opportunity for Nathan to have ample time with both parents (as opposed to his grandparents) this matter may be revisited upon petition of either party. , ?!N'O BY THE COURT, -? A4 Kevi . Hess, J. Bradley Griffie, Esquire For the Plaintiff P. Richard Wagner, Esquire For the Defendant Am MATTHEW PRAZENICA, v. Plaintiff/Respondent, STACY PRAZENICA, Defendant/Petitioner. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-6608 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER AND NOW, comes your Petitioner, Stacy Prazenica, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition For Modification of Existing Custody Order: 1. Your Petitioner, Stacy Prazenica, is the Defendant in the above-captioned matter residing at 405 Raymon Avenue, Boiling Springs, Cumberland County, Pennsylvania. 2. The Respondent, Matthew Prazenica, is the Plaintiff in the above-captioned matter and resides at 702 Highland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, Nathan Alan Prazenica, born December 28, 1995. 4. The parties appeared before the Court of Common Pleas and an Order was entered regarding custody of the child, a copy of said Stipulation and Agreement, and subsequent Order are attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 5. The Petitioner is the natural mother of the aforementioned child, and the Respondent is the natural father. 6. Both parties appeared in the above case at the above number with the Respondent herein being the Plaintiff, and the Petitioner herein being the Defendant. 7. Petitioner knows of no other person asserting a right to custody or partial custody of the child. 8. Petitioner believes and therefore avers that it is in the best interests of the child to grant primary custody unto the Petitioner herein subject to periods of partial custody in the Respondent. -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: 5 (4" 6 MATTHEW PRAZENICA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STACY PRAZENICA, NO. CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of December 2006, after consultation with counsel for the parties, it is HEREBY ORDERED AND DIRECTED that Defendant shall have physical custody of the child, Nathan Alan Prazenica, born December 28, 1995, from 12:00 noon on Sunday, December 24, 2006 until 12:00 noon on Monday, December 25, 2006. Plaintiff shall have custody of the child from 12:00 noon on Monday, December 25, 2006 until 12:00 noon on Tuesday, December 26, 2006. The exchange of custody at noon on the 20 and at noon on the 25th shall be at the Turkey Hill mini-mart on Wertzville Road, off of the Route 114 exit of Interstate 81. Otherwise, the parties shall abide by the Court's prior Order relative to custody. Any police department of appropriate jurisdiction is instructed to enforce this Order as may be required. BY THE COURT, KEVIN A. HESS, JUDGE MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Stacy Prazenica, (hereinafter referred to as "Mother") and MattheN? Prazenica, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely Nathan Alan Prazenica, born December 28, 1995 (hereinafter referred to as "Nathan") WHEREAS, the parties are presently living separate and apart and intend to remain separate and apart; WHEREAS the parties wish to enter into a comprehensive Stipulation Agreement relative to custodial arrangements agreed upon for their son Nathan; and WHEREAS the parties wish to have their Stipulation and Agreement entered as an Order of Court before the Court of Common Pleas of Cumberland County. WHERAS, the parties have litigated the issue of custody which resulted in the entry of an Order dated July 6, 2006, providing for the general parameters regarding custody of the Nathan, a copy of said Order by by attached hereto and incorporated herein by reference as Exhibit "A;" NOW THEREFORE, in consideration of the mutual covenant, promises, and agreements as is hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of Nathan. 2. Father shall have primary physical custody of Nathan. 3. Mother will have periods of partial physical custody of Nathan on the following schedule: (a) Every other weekend from Friday evening at 5:00 p.m. until Sunday evening and 7:00 p.m.; (b) Every Tuesday and Thursday evening from 4:00 p.m. until 8:00 p.m.; (c) And at other times as the parties may agree; 4. During the summer vacation months the parties will alternate physical custody of Nathan on a weekly basis, such that Mother shall have custody of Nathan during the first full week after the end of school commencing on Friday at 5:00 p.m. and continuing for one week, after which, Father will have custody from 5:00 p.m. on Friday until the following the Friday at 5:00 p.m. The parties will continue to alternate custody on a week on, week off basis through the summer on this schedule until the last Friday of the summer before school begins when the parties shall revert to the schedule described in paragraph 3 above with Mother having custody for that weekend. 5. During the Christmas holiday season the parties will alternate physical custody between the periods from: (a) From 1:00 p.m. on December 24, to 1:00 p.m. on December 25, and (b) From 1:00 p.m. on December 25, to 1:00 p.m. on December 26, Father shall have the first period of custody and Mother shall have the second period of custody for Christmas 2006 and all even numbered years thereafter. Mother shall have the first period of custody and Father shall have the second period of custody for Christmas 2007, and all odd numbered years thereafter. 6. During the Thanksgiving holiday season the parties will alternate custody between the following two periods: (a) From 5:00 p.m. on the Wednesday before Thanksgiving until 2:00 p.m. on Thanksgiving day, and (b) From 2:00 p.m. on Thanksgiving day until 6:00 p.m. on Friday after Thanksgiving. Mother shall have the first period of custody and Father shall have the second period of custody for Thanksgiving 2006 and all even numbered years thereafter. Father shall have first period of custody and Mother shall have the second period of custody for Thanksgiving 2007 and all odd numbered years thereafter. 7. During the Easter holiday season the parties will alternate custody between the following two periods: (a) From 5:00 p.m. on the Saturday before Easter until 2:00 p.m. on Easter day, and (b) From 2:00 p.m. on Easter day until 6:00 p.m. on Monday after Easter. Mother shall have the first period of custody and Father shall have second period of custody for Easter 2007 and all odd numbered years thereafter. Father shall have first period of custody and Mother shall have the second period of custody for Easter 2008 and all even numbered years thereafter. 8. The summer holidays of Memorial day, 4th of July, and Labor day will be alternated each year. Father will have physical custody of Nathan on Memorial day and Labor day and Mother will have physical custody on the 4th of July for 2006, and all even numbered years thereafter. Mother will have custody for Memorial day and Labor day and Father will have custody on the 4th of July for 2007 and all odd numbered years thereafter. If Nathan is not otherwise in that parent's custody, the parent will have custody from 9:00 a.m. until 8:00 p.m. on the holiday. 9. Nathan shall always be with Mother during Mothers Day and with Father during Fathers Day. If Nathan is not otherwise in that parent's custody, he shall be in their custody from 6:00 p.m. on the evening before the holiday until 6:00 p.m. of the holiday. 10. It is acknowledged that there will be periods of time when Nathan is off from school for in-service days, snow days, and scheduled holidays. The parties will alternate physical custody of Nathan on those days, such that the first day off from school in the fall of 2006, Nathan shall be in Father's custody or it shall otherwise be Father's responsibility to provide care for him on that day. Mother will have the second day of the 2006-2007 school year and so on. For the 2007-2008 school year, Mother will have the first such day off from school for custody or to provide for care of Nathan on that day and Father will have the second day. These days shall likewise alternate in this manner during each school year. It is understood in the application of this paragraph that it may be impossible for Mother to provide care for Nathan in the event of unplanned days off from school particularly because of weather. In the event Mother cannot exercise custody on such days, Mother shall not be entitled to "make-up" days for this time, nor shall her failure to use this custodial time be held against her. 11. Each party shall be entitled to two extended vacation periods during the summer vacation months. The periods may extend from Friday evening when that parent retains custody of the child through that parent's week of custody until 7:00 p.m. on the following Sunday evening. In the event that either parent wishes to exercise one or two weeks of vacation in this manner, they shall provide written notice to the other parent by no later then May 1, of each year. The periods of vacation to be selected in this manner shall be provided on a "first come, first serve" basis. 12. During the Tuesday and Thursday evening periods of custody with Mother, Mother shall be responsible for providing transportation before and after those periods of custody. During the Mother's alternating weekends periods of custody, exchanges during the summer week on, week off arrangement and for other holidays as provided for herein, Mother shall secure custody of Nathan by securing him from Father's home or from his paternal grandparents, as the case may be. During Father's periods alternating weekends periods of custody, exchanges during the summer week on, week off arrangement and for other holidays as provided for herein, Father shall regain custody by the parties exchanging custody at the Sheetz store, at the intersection of Route 114 and Route 11 in Silver Springs Township at the designated time. 13. The parties shall keep each other advised in the event of serious illness or medical emergency concerning Nathan and shall further take any necessary steps to ensure that the health and well-being of Nathan is protected. During such illness or medical emergency, both parties shall have the right to visit Nathan as often as he or she desires consistent with the proper medical care of Nathan. 14. Neither parent shall do anything which may estrange Nathan from the other party, injure the opinion of Nathan as to the other party, or which may hamper the free and natural development of Nathan's love and affection for the other party. 15. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, has jurisdiction over the issue of custody of Nathan and that Nathan has resided for his entire life in Cumberland County, Pennsylvania. As such, the parties acknowledge that the said Court of Common Pleas of Cumberland County shall continue to retain jurisdiction over the issue of custody of Nathan in the event that there is a need for any type of change in the custody Order in the future. 16. The parties wish to have the within Stipulation and Agreement entered as an Order of Court before the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSES: Bradley L. Griffie, Esquire Date MATTHEW PRAZENICA P. Richard Wagner, Esquire Date STACY PRAZENICA r COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN On this day of , 2006, before me, the undersigned officer, personally appeared MATTHEW PRAZENICA satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN On this day of , 2006, before me, the undersigned officer, personally appeared STACY PRAZENICA or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public MATTHEW PRAZENICA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 03-6608 CIVIL STACY PRAZENICA, Defendant IN CUSTODY ORDER AND NOW, this 6 ` day of July, 2006, after hearing, it is ordered and directed that the order of February 2, 2004, is modified to provide that, in the year 2006, commencing July 14, 2006, at 5:00 o'clock p.m., the parties shall share physical custody of the child, Nathan, week on/week off during his summer vacation from school, commencing on July 14, 2006, with the mother. In 2007 and subsequent years, the mother shall have custody of Nathan during the first frill week after the end of school, commencing on Friday at 5:00 p.m. and the parties shall alternate week on/week off throughout the summer. In all other respects, the order of February 2, 2004, shall remain in full force and effect for the reason that the court is satisfied, at this point in time, that primary custody in the father is in Nathan's best interest. The court recognizes, however, that after there has been an opportunity for Nathan to have ample time with both parents (as opposed to his grandparents) this matter may be revisited upon petition of either party. BY THE COURT, TRUE CORY FROM RECORD In Testimony whereof, ! h::re ?,nto set my hand an e 1 of said our a jCaiisle.,.'Pa. T 7.-1da&f... f Kevi . Hess, J. Bradley Griffie, Esquire For the Plaintiff P. Richard Wagner, Esquire For the Defendant Am MATTHEW PRAZENICA, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STACY PRAZENICA, : NO. 03-6608 CIVIL TERM Defendant/Respondent : IN CUSTODY STIPULATION OF COUNSEL AND NOW, the day and year hereinafter set forth, counsel for the parties in the above- captioned action stipulate and agree that the request made by Petitioner, Matthew Prazenica, to receive attorney's fees due to his preparation and filing of a Petition for Special Relief and preparation for the hearing on the Petition for Special Relief, which Petition was necessitated by Respondent's failure to execute the necessary documents to allow the parties' child to initiate individual counseling, shall be maintained to be reviewed by the Cumberland County Divorce Master, or otherwise to be entertained in negotiations relative to the parties' resolution of their economic issues associated with their anticipated divorce proceedings and to be resolved by the Divorce Master as part of equitable distribution and related economic claims made by the parties. With this so exception, Petitioner withdraws his Petition for Special Relief in light of Respondent's execution of the necessary documents to allow the child to initiate individual counseling. Ft`1r Date: y It, _o G ' e, Esquire rney for Petitioner - ` Date: w I t7 - - f P. 86h agner, Esquire Attorney for Respondent OF T?,E FILE D??t 20 059 A F • _ f -$10-00 Po tow C 33A7 j'a-sm MATTHEW PRAZENICA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STACY PRAZENICA DEFENDANT 2003-6608 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 21, 2009 at 10:30 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. 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/ ac ueline M. Verne Es q. go. 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 FILE i-t;E OF THE P,-O-r-' ^• ,,T Y 2069 APR 21 P 12: 52 ???` 'f ? a`Y 4 yr JUN 2 2 2009 MATTHEW PRAZENICA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-6608 CIVIL ACTION - LAW STACY PRAZENICA, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this o7S/? day of 2009, upon consideration of the attached Custody Conc' cation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 41 , of the Cumberland County Court House, on the /" day of 2009, at > ; 3o o'clock, _1'9. M., at which time testimony will be t en. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated February 2, 2004 and July 6, 2006 shall remain in full force and effect with the following additions. 3. 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, :Ke vi n A. ess, J. cc: P. Richard Wagner, Esquire, counsel for the Matthew Prazenica, pro se 702 Highland Avenue /yam , a Y o Mt. Holly Springs, Pa 17065 MATTHEW PRAZENICA, Plaintiff V. STACY PRAZENICA, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-6608 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 Nathan Alan Prazenica December 28, 1995 Father 2. A Conciliation Conference was held June 22, 2009 with the following individuals in attendance: The Mother, Stacy Prazenica, with her counsel, P. Richard Wagner, Esquire, and the Father, Matthew Prazenica, pro se. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated February 2, 2004 and July 6, 2006 providing for shared legal custody, Father having primary physical custody and Mother having alternating weekends and Tuesday and Thursday evenings. The parties share physical custody during the summer on a week on/week off schedule. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother asserts that she has relocated to Cumberland County, very close to Father, that Father has recently lost several jobs and that the child wishes to live with Mother primarily during the school year. She also maintains that she is primarily responsible for the child's extra-curricular activities, alleging that Father is not attending to those matters. 5. Father's position on custody is as follows: Father seeks to maintain the status quo. He objects to Mother having primary physical custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. Date Jacq eline M. Verney, Esquire Custody Conciliator 2 c : I," luc:. MATTHEW PRAZENICA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-6608 CIVIL STACY PRAZENICA, Defendant IN CUSTODY ORDER AND NOW, this " I' day of August, 2009, after hearing, our order of February 2, 2004, is again modified to provide that, during the school year, the mother's periods of physical custody on Tuesdays and Thursdays shall extend to the following Wednesday and Friday mornings before school, respectively. Jane Adams, Esquire For the Plaintiff ? P. Richard Wagner, Esquire For the Defendant rlm Cop-es- m21? / 8??o?Oq BY THE COURT, Kevin ,X. Hess, J. R??E OF THEE PRCTHONIOTAPY 2009 AUG 20 AM 8: 3 G PEJ,J', F L.,f"'NIfs,