HomeMy WebLinkAbout08-3917Pamela L. Purdy, Esquire
Attorney ID No. 85783
308 N. 2nd Street, Suite 200
Harrisburg, PA 17101
(717) 221-8303 tel
(717) 221-8403 fax
plpurdy@verizon.net
Attorney for Plaintiff
NICOLE PROSKY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. : NO. 0K` 3 7 c}„? i' 4tr-,
DAVID PROSKY, CIVIL ACTION - LAW
Defendant IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, Plaintiff, by and through her attorney, Pamela L. Purdy, Esquire,
files a Complaint for Custody against Defendant, and in support thereof, avers
the following:
1. Plaintiff Nicole Prosky (hereafter referred to as "Mother") is an adult
individual who currently resides at 4173 Grouse Court, #118, Mechanicsburg,
Cumberland County, Pennsylvania.
2. Defendant David Prosky (hereafter referred to as "Father") is an adult
individual who currently resides at 114 Center Street, Enola, Cumberland County,
Pennsylvania.
3. Plaintiff seeks custody of the following children:
Name Present Address Birthdate
McKenzie Analeise Prosky 4173 Grouse Ct., #118 12/10/2003
Mechanicsburg, PA 17057
4. McKenzie was born of the marriage.
5. McKenzie is currently in the custody of Mother.
6. Since birth, McKenzie has resided with the following person(s) and at
the following address(es):
Person(s)
Mother
Father
Mother
Father
Mother
Father
Mother
Maternal Grandmother
Address(es)
New Baltimore, MI
Date(s)
birth - March 2004
7073 Carlisle Pike #116 March 2004-
Carlisle, PA March 2007
114 Center Street March 2007-
Mechanicsburg, PA October 2007
4125 Grouse Court October 2007-
Mechanicsburg, PA December 2007
and
Father
Mother
Donald Reed
114 Center Street October 2007-
Mechanicsburg, PA present
4173 Grouse Court December 2007
Apt. 1 18 present
Mechanicsburg, PA
8. The mother of the child is Nicole Prosky, who currently resides at
4173 Grouse Court, Apt. 118, Mechanicsburg, Pennsylvania. She is unmarried.
9. The father of the child is David Prosky, who currently resides at 114
Center Street, Mechanicsburg. He is unmarried.
10. The relationship of Plaintiff to the child is that of Mother.
Plaintiff currently resides with the following person(s).
Name(s) Relationship
Donald Reed Fiance
McKenzie Prosky Daughter
11. The relationship of Defendant to the child is that of Father.
Defendant currently resides with the following person(s).
Name(s) Relationship
Michael (last name unknown) Roommate
12. Mother 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.
13. Mother has no information of a custody proceeding concerning the
child pending in a court of this Commonwealth.
14. Mother 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.
15. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child have been
named as parties to this action.
16. It is in the child's best interest to grant Mother primary physical
custody as she is in the best position to provide a stable, loving environment for
the child.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
an Order granting Mother legal and primary physical custody of the child.
Respectfully submitted,
awl t
Pamela L. Purdy
Dated: ??,3 a W(D goo"
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that
false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
Nicole rosky
Dated: 6/3oICog
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Pamela L. Purdy, Esquire
Attorney ID No. 85783
308 N. 2"d Street, Suite 200
Harrisburg, PA 17101
(717) 221-8303 tel
(717) 221-8403 fax
plpurdy@verizon.net
Attorney for Plaintiff
NICOLE PROSKY, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. : NO. 0 r,3y l7
DAVID PROSKY, CIVIL ACTION - LAW
Defendant IN CUSTODY
PETITION FOR EMERGENCY RELIEF IN CUSTODY
AND NOW, Plaintiff, by and through her attorney, Pamela L. Purdy, Esquire,
files a Complaint for Custody against Defendant, and in support thereof, avers
the following:
1. Plaintiff Nicole Prosky (hereafter referred to as "Mother") is an adult
individual who currently resides at 4173 Grouse Court, #118, Mechanicsburg,
Cumberland County, Pennsylvania.
2. Defendant David Prosky (hereafter referred to as "Father") is an adult
individual who currently resides at 1 14 Center Street, Enola, Cumberland County,
Pennsylvania.
3. Mother and Father are the parents of McKenzie Analeise Prosky, born
December 10, 2003.
4. The parties divorced on April 2, 2008 by decree entered in Lebanon
County.
5. There currently is no custody order in place.
6. At the present time, the parties have been sharing custody of the
child by agreement.
7. During the marriage, Father abused both alcohol and drugs, and has
a severe addiction to pornography, evidence of which Mother can provide at
hearing.
8. Since Mother's initiation of a relationship with her fiance, Donald
Reed, in June 2007, Father's behavior has become increasingly erratic.
9. In September 2007, Father physically attacked Mother and Mother's
fiance, which led to his arrest and assault charges, and resulted in Father pleading
guilty to harassment charges.
10. In addition, on numerous occasions, Father has threatened to keep
the child from Mother and remove the child from Cumberland County without
Mother's permission.
11. Last week, Father told Mother's mother ("Maternal Grandmother")
that Mother's fiance is "lucky to be alive."
12. Most recently, on June 30, 2008, Father sent Mother a text message
2
telling her that he planned on taking the child to Georgia sometime in the near
future without Mother's permission.
13. Father is unaware that Mother became engaged on June 22, 2008.
14. Mother fears that without a court order, when Father learns of
Mother's engagement, he will abscond with the child out of state, as he has
threatened to do as recently as June 30, 2008.
15. Father is currently unemployed, having had four jobs in the last 10
months.
16. Father has no familial ties to this community as his family members
reside in Ohio and New York.
17. The child is currently in Mother's physical custody, but is scheduled
to begin a custodial period with Father on June 2, 2008.
18. Mother believes, and therefore avers that it would be in the child's
best interest for her to be in Mother's physical custody pending conciliation or
further order of court, with Father having periods of visitation by agreement of
the parties.
19. In addition, Mother believes, and therefore avers that it would be in
the child's best interest for Father to be barred from leaving Cumberland County
with the child until Further Order of Court.
3
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
an Order granting Mother physical custody of the child, with Father having
periods of visitation in Cumberland County by agreement of the parties pending
further Order of Court.
Respectfully submitted,
&& Z- ? -
Pamela L. Purdy
Dated 2'2'06?
4
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that
false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
Dated: QV( I MO
Nicolle Prosky
CERTIFICATE OF SERVICE
The undersigned certifies that on this day of duly, 2008,
a true and correct copy of the foregoing Petition for Emergency Relief was
served by first-class mail, postage prepaid, upon the following:
David Prosky
114 Center Street
Enola, P A 17024
Pamela L. Purdy
Of Counsel for Plaintiff
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JUL 0 22008
NICOLE PROSKY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. Mir - 3 9 17
DAVID PROSKY, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER
AND NOW, this Z day of July, 2008, upon con ideration of
n e t"t ?t c..3 (p Z i 5? 2?
PI intiff's Petition for Emergency Relief, I'
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BY THE COURT
Distribution:
Pamela L. Purdy, Esquire _. k914 twiVe teg
308 N. Second Street, Suite 200
Harrisburg, PA 17101
717-221-8303 (?
717-221-8403 (facsimile) Cot,
David Prosky
114 Center Street
Enola, PA 17025
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NICOLE PROSKY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID PROSKY
2008-3917 CIVIL ACTION LAW
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, July 02, 2008 , 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 Tuesday, August 12, 2008 at 2:30 PM
for a Pre-Hearing Custodv 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/ ohn . Man-an, r. 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
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AFFIDAVIT of 5 F-2Vac e.
State of Pennsylvania )
) SS: o ?- 39l
County of Dauphin )
Before me the subscriber personally appeared Edwin T.
Cosgrove to me known, being duly sworn according to law,
doth depose and say that on July 8, 2008 @ 5:00 p.m. I
Dersonallv served David Prosky at 114 Center St., Enola, PA
a copy of a Complaint of Custody in the matter of Nicole
Prosky vs. David Prosky, Case No. 08-3917 in the Court of
Common Pleas Cumberland County, PA, Civil Action - Law In
Custody
and further deponent sayeth not.
Edwin T. Cos ove
5235 N. Front St.
Harrisburg, PA 17110
Sworn and subscribed before me this
?jj day of 2008
Not ry P lic
ONWEALTH OF PENNSYLVANIA
Notarial Seal
Wendy M. Johnston, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Oct. 24, 2009
Member, Pennsylvania Association of Notaries
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NICOLE PROSKY, :IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08-3917 Civil Term
DAVID PROSKY, : CIVIL ACTION -- CUSTODY
Defendant
ANSWER FOR EMERGENCY RELIEF IN CUSTODY
AND NOW comes Defendant, David Prosky, by and through his attorney,
Nora F. Blair, Esquire, files this Answer for Emergency Relief in Custody and in
support thereof, avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted. By way of further response, the parties have shared custody on
an approximately equal basis pursuant to parties' Marital Settlement
Agreement.
7. Denied as stated. It is specifically denied that Father abused both alcohol
and drugs or that he has a severe addiction to pornographic. To the
contrary, the use of drugs and viewing of pornographic was a mutual life
style shared by Mother and Father during the marriage. By way of further
response, since separation Father has gone through drug testing for
employment. Further, Mother was involved in sexual acts with other men
during the marriage.
8. Denied as stated. It is specifically denied that Father's behavior has become
increasingly erratic. Father admits that when he discovered that his wife
was having an affair with another man, he became very upset in the
beginning, but that is no longer the case. Father's initial actions were a
result of Mothers lies and affair with Donald Reed while Mother and Father
were still married and living together as husband and wife.
9. Admitted with clarification. Father was upset because of the affair that
Mother was having with Donald Reed while Mother and Father were still
living as husband and wife. Byway of further response, since this incident
Father has sought guidance through the Church of God and is much more
at peace.
10. Denied. It is specifically denied that Father has attempted to remove the
child from Cumberland County inappropriately. Father has taken the child
out of state, but has always let Mother know of the plans in advance. By
way of further response, Father owns his home in Cumberland County and
has no intention on leaving the area except for vacations or short trips out
of the area.
11. Admitted with clarification. It is admitted that father made the statement,
but the implication made in the Petition are denied. Father was indicating
that sometimes husband's react in more serious ways upon discovering an
adulterous affair. Father never had any intention to cause harm to Mother
or her paramour.
12. Admitted in part. Denied in part. It is admitted that father was planning to
take the parties' daughter to Georgia. The text message was to serve as a
notice that Father planned to exercise his vacation time pursuant to
paragraph 24.E of the parties' Marital Settlement Agreement.
13. Admitted. It is admitted that was unaware of the engagement. By way of
further response, after being told about the engagement Father
congratulated Mother and her fiance and wished them good luck.
14. Denied. It is specifically denied that Father is upset about the engagement
or that Father would take the minor child away from his home because of
the engagement.
15. Admitted. By way of further response, Father is seeking employment that
will allow him to care for his child as much as possible.
16. Admitted. By way of further response, Father owns his home and has
established friendships including some with Mother's family in this area.
17. Denied as stated. Father was scheduled to have custody beginning July 2,
2008.
18. Denied. It is specifically denied that it is in the minor child's best interest
to limit the amount of time that she spends with her Father. Father
believes and therefore avers that it is in their minor child's best interest for
the parties to continue to have shared custody on an equal basis.
•
19. Denied. It is denied that it is necessary to prevent Father from taking the
minor child out of Cumberland County for vacations. To the contrary, both
parents should be permitted to take the minor child on vacations with
proper notice to the other parent.
WHEREFORE, Defendant requests that Your Honorable Court entering an
Order providing that the parties shall continue to share legal and physical custody
on an equal basis.
submitted,
NoAa,F. Blair
Supreme Court ID #45513
5440 Jonestown Road
Post Office Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
VERIFICATION
I verify that the statement made in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that the
statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating
to unsworn falsification to authorities.
Dated:
NICOLE PROSKY, :IN THE COURT OF COMMON PLEAS,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08-3917 Civil Term
DAVID PROSKY, : CIVIL ACTION -- CUSTODY
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the Answer to Petition
for Emergency Relief in Custody on the person in the manner stated below which
service satisfies the requirement of Pa.R.C.P. No. 440.
SERVICE BY FIRST CLASS MAIL TO:
Pamela L. Purdy, Esquire
308 North 2nd Street, Suite 200
Harrisburg, PA 17101
Date: ? - 7-? - Ok
Respectfully submitted,
Nora'F. Blair
Supreme Court ID 45513
5440 Jonestown Road
P.O. Box 6216
Harrisburg, PA 17112-0216
(717) 541-1428
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AUG 14 2008 (i
NICOLE PROSKY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-3917 CIVIL ACTION LAW
DAVID PROSKY, IN CUSTODY
Defendant
Prior Judge: J. Wesley Oler, Jr., J.
ORDER OF COURT
AND NOW this l ' day of August 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
All prior Orders entered in this matter are hereby VACATED.
2. Legal Custody: The Father, David Prosky, and the Mother, Nicole Prosky, shall have shared
legal custody of McKenzie Analeise Prosky, born 12/10/2003. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding her 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 Child including, but not limited to, medical, dental, religious or
school records, the residence address of the Child 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 primary physical custody of the Child subject to Father's
physical custody in a two week repeating schedule as follows:
a. In week one, Father shall have physical custody of McKenzie from Monday
morning until Tuesday morning and from Friday morning until Monday
morning. The weekend custodial period shall commence 8/15/2008 and the
exchange times shall be at 7:30 am in the absence of mutual agreement.
b. In week two, Father shall have physical custody of McKenzie from Wednesday
morning until Friday morning and the exchange times shall be at 7:30 am in the
absence of mutual agreement otherwise.
C. Father shall have physical custody of the Child at such other times as the parties
may mutually agree.
4. Right of first refusal: In the event that the custodial parent should require a care-
taker/babysitter for the Child a period of time in excess of four hours, the custodial party shall
first offer said opportunity to the non-custodial parent.
5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis. In the absence of agreement, the non-custodial parent shall call at 9:00 pm.
6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon.
7. Each parent shall have two non-consecutive weeks of vacation with the Child in the
summertime. 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.
8. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
9. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
10. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed
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.
12. Relocation: The parties have negotiated the custody portions of this Order based upon the
parties' residence in Cumberland County. If either party intends to establish residency more
than fifteen (15) miles of their current residences or a move that would require a change in
school districts for the Child, he or she must give to the other parent at least ninety (90) days'
written notice in advance of the proposed move, in order to allow the parties to confer prior to
the move and to establish a mutually satisfactory arrangement in light of the changed
circumstances. In the event the parties are unable to reach an agreement, the parties agree that
the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion
an appropriate custody Order.
13. 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.
Distribution:
•Wamela Purdy, Esquire
Ara Blair, Esquire
v..ohn J. Mangan, Esquire
J
HOLIDAYS AND TIMS ODD EVEN
SPECIAL DAYS YEARS YEARS
Easter From 6:30 pm Saturday before Father Mother
Easter until 6:30 ra on Easter
Memorial Da From 9 am until 9 m Mother Father
Independence Da From 9 am 7/4 until 9 am 7/5 Mother Father
Labor Da From 9 am until 9 m Mother Father
Halloween From after school until 8:30 m Father Mother
Thanksgiving From Wednesday after school until Mother Father
Monday 6:30 m
Christmas 1 S Half From 1 pm on 12/24 to 1 pm on Father Mother
12/25
Christmas 2 Half From 1 pm on 12/25 to 1 pm on Mother Father
12/26
New Year's From 6:30 pm 12/31 until 6:30 pm Mother Father
January l" (with the 12/31 year to
control the even/odd determination
Mother's Day From 6:30 pm on Saturday before the Mother Mother
holiday until 6:30 pm on Mother's
day
Father's Day From 6:30 pm on Saturday before the Father Father
holiday until 6:30 pm on Father's
day
NICOLE PROSKY,
Plaintiff
v.
DAVID PROSKY,
Defendant
Prior Judge: J. Wesley Oler, Jr., J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3917 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCIIdATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
2. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
McKenzie Analeise Prosky 12/10/2003 Father and Mother
2. A Conciliation Conference was held with regard to this matter on August 12, 2008 with
the following individuals in attendance:
The Mother, Nicole Prosky, with her counsel, Pamela Purdy, Esq.
The Father, David Prosky, with his counsel, Nora Blair, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John sq '
Cust dy onciliator
Pamela L. Purdy, Esquire
Attorney ID No. 85783
308 N. 2^d Street, Suite 200
Harrisburg, PA 17101
(717) 221-8303 tel
(717) 221-8403 fax
plpurdy@verizon.net
Attorney for Plaintiff
NICOLE PROSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
DAVID PROSKY,
V.
Defendant
: NO.
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR MODIFICATION IN CUSTODY
AND NOW, Plaintiff, by and through her attorney, Pamela L. Purdy, Esquire,
files this Petition for Modification in Custody against Defendant, and in support
thereof, avers the following:
1. Plaintiff Nicole Prosky, now known as Nicole Reed, (hereafter referred
to as "Mother") is an adult individual who currently resides at 4173 Grouse Court,
#118, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant David Prosky (hereafter referred to as "Father") is an adult
individual whose last known address is 114 Center Street, Enola, Cumberland
County, Pennsylvania.
3. Father's current address is unknown, although Mother believes, and
therefore avers, that Father is residing outside of the Commonwealth of
Pennsylvania.
3. Mother and Father are the parents of McKenzie Analeise Prosky, born
December 10, 2003.
4. The parties divorced on April 2, 2008 by decree entered in Lebanon
County.
5. On July 2, 2008, Mother filed a Complaint for Custody and a Petition
for Emergency Relief in Custody based on Father's erratic behavior and threats to
remove the child from the Commonwealth of Pennsylvania.
6. On July 2, 2008, this Court entered an order prohibiting either party
from removing the child from Cumberland County pending a custody conciliation
conference and further order of court
7. On August 12, 2008, the parties participated in a custody evaluation,
which led to an agreed Order of Court granting the parties shared legal custody,
and Mother primary physical custody of the child with Father exercising periods of
partial custody for six (6) overnights every fourteen (14) days.
8. On or about September 5, 2008, local police executed a search
warrant at Father's house and at a house in Steelton, seizing a large quantity of
pornography and illegally-copied DVDs.
10. After the execution of the search warrant, Father removed his
personal items and moved out of town.
11. Father has not exercised his right to custody of the child since
2
September 17, 2008.
12. Father refuses to tell Mother where he is located, presumably
because he believes he will be arrested if his whereabouts are known.
13. Father has provided Mother with a key to his home and asked her to
remove all of the child's personal belongings from the home.
14. Father has told Mother that he will not be returning to the
Commonwealth of Pennsylvania and will not be exercising his rights to physical or
legal custody to the child in the future.
15. Mother believes, and therefore avers, that it is in the child's best
interest for her to have sole legal and physical custody of the child.
WHEREFORE, Plaintiff respectfully requests that this Court enter an order
granting Plaintiff sole legal and physical custody of the minor child.
Respectfully submitted,
Gw"
Pamela L. Purdy
Attorney for Plaintiff
Dated OClobVA 24,x40Q
3
VERIFICATION
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of
18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities.
Nicol M. Prosky,
n/k/a Nicole M. Reed
Date: / Z2 - Z /- 0,53"
6
CERTIFICATE OF SERVICE
The undersigned certifies that on this 2 day of October,
2008, a true and correct copy of the foregoing Petition for Modification of
Custody was served by first-class mail, postage prepaid, upon the
following:
Nora F. Blair, Esquire
5440 Jonestown Road
P.O. Box 6216
Harrisburg, PA 17112-0216
David Prosky
114 Center Street
Enola, P A 17024
Pamela L. Purdy
Of Counsel for Plaintiff
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NICOLE PROSKY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID PROSKY
DEFENDANT
2008-3917 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, November 06, 2008 , 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 Wednesday, November 12, 2008 at 1:30 PM
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/ ohn . Mangan, 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
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' NOV 13 2006?y V
NICOLE PROSKY, N/K/A NICOLE REED : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 08-3917 CIVIL ACTION LAW
DAVID PROSKY, IN CUSTODY
Defendant
Prior Judge: J. Wesley Oler, Jr., J.
ORDER OF COURT
AND NOW this 19 day of November 2008, upon consideration of the attached
Custody Conciliation Report sii rdered and Directed as follows:
1. All prior Orders entered in this matter are hereby VACATED.
2. Legal Custody: The Mother, Nicole Prosky, N/K/A Nicole Reed, shall have sole legal custody
of McKenzie Analeise Prosky, born 12/10/2003. The Mother shall have the right to make all
major non-emergency decisions affecting the Child's general well-being including, but not
limited to, all decisions regarding her health, education and religion.
3. Physical Custody: Mother shall have sole primary physical custody of the Child subject to
Father's physical custody as the parties may mutually agree.
4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon.
5. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
6. During any periods of custody or visitation, the parties shall not possess or use non-prescribed
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.
7. Nothing in this Order of Court shall prevent Father from asserting his custodial rights in this
jurisdiction as Father deems necessary or proper.
8. 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.
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Distribution:
Pamela Purdy, Esquire
Nora Blair, Esquire
John J. Mangan, Esquire
NICOLE PROSKY, N/K/A NICOLE REED : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID PROSKY,
Defendant
Prior Judge: J. Wesley Oler, Jr., J.
No. 08-3917 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 information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
McKenzie Analeise Prosky 12/10/2003 Father and Mother
2. A Conciliation Conference was held with regard to this matter on August 12, 2008, an
Order issued August 15, 2008 and a conference was held on November 12, 2008 with
the following individuals in attendance:
The Mother, Nicole Prosky, N/K/A Nicole Reed, with her counsel, Pamela Purdy, Esq.
The Father, David Prosky, did not appear.
3. Mother filed a modification petition. Allegedly, Father is not in this jurisdiction and has
not notified Mother or his counsel of his exact location or contact information. Father's
counsel, Nora Blair had concerns regarding whether or not Father had received
notification regarding the conference. However, Mother indicated that Father had
called her from a pre-paid cell phone within the past week, the Father acknowledged he
had received the modification petition and the parents discussed the contents of the
petition. Mother has significant concerns regarding the Child's safety and well-being if
Father were to return to this jurisdiction.
4. The undersigned recommends the entry of an Order in the form as attached.
Date John . M gan, Esqui
Cu ody Conciliator