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Home My WebLink About08-6487w ERIC JOSEPH MROZEK, Plaintiff V. JENNIFER SUE MROZEK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: Civil Action COMPLAINT FOR CUSTODY 1. The Plaintiff is Eric Joseph Mrozek, residing at 41 Shippensburg Mobile Estates, Cumberland County, Shippensburg, Pennsylvania 17257. 2. The Defendant is Jennifer Sue Mrozek, with no known address. 3. Plaintiff seeks custody of the following children: NAME RESIDENCE DOB Destiny Marie Mrozek Not Known 11-18-02 Nevaeh Renee Mrozek Not Known 10-12-03 4. The children were not born out of wedlock. AGE 6 years 5 years 5. The children are presently in the custody of Plaintiff, Jennifer Sue Mrozek. 6. The mother of the children is Jennifer Sue Mrozek, with no known address. 7. The father of the children is Eric Joseph Mrozek, currently residing at 41 Shippensburg Mobile Estates, Cumberland County, Shippensburg, Pennsylvania, 17257. 8. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Eric and Denise Mrozek, parents. 9. The relationship of the Defendant to the children is that of Mother. The Defendant's address is not known. 10. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. r 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff is best able to provide the care and nurture which the children needs for healthy development; and B. Defendant is erratic and abusive behavior poses a threat of harm to the children. C. Defendant frequently abuses illegal drugs and is therefore unreliable as custodian of the children. D. Defendant has removed children from last known address and refuses to provide their location. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff. Resp ctfully submitted, Date: l? 1 1 ? By: Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID No. 71786 r ATTORNEY VERIFICATION I verify that the statements made in the foregoing document are true and correct. Some of the information may be known to me, but not to my client. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to un DATE: O 140 rn falsification uthorities. Paul Bradford Orr, Esquire R6. _ 0 ok7 SJ ERIC JOSEPH MROZEK, Petitioner V. JENNIFER SUE MROZEK, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: ff-jjt?jl Civil Action EMERGENCY PETITION FOR CUSTODY 1. Petitioner is ERIC JOSEPH MROZEK, Plaintiff, with a current residential address of 41 Shippensburg Mobile Estates, Cumberland County, Shippensburg, Pennsylvania, 17257. 2. Respondent is JENNIFER SUE MROZEK, Defendant, with no known address. 3. There are two children subject to this Petition, whose current whereabouts are unknown. The are: Destiny Marie Mrozek with a date of birth November 18, 2002; Nevaeh Renee Mrozek, date of birth October 12, 2003. 4. A Custody Consent Order was issued by the Honorable Ralph C. Warman, of the Fayette County Court of Common Pleas on September 23, 2008, as a result of a Custody Conciliation. That Order is docketed at number 100 of 2003, G.D. (See attached and marked as Petitioner's Exhibit "A") 5. To date, Respondent, Jennifer Sue Mrozek has failed to comply with that Order. 6. Petitioner alleges that although he has had telephone contact with the Respondent, she refuses to inform him of the two children's whereabouts. Further, Respondent appears to be residing in the Hagerstown, Maryland area with no residential location in Fayette County, Pennsylvania. 7. Petitioner alleges that Natural Mother/Respondent knowingly deceived the Fayette County Court in claiming residency where in fact she is and was planning to reside in Hagerstown, Maryland. 8. Petitioner alleges that he was contacted by Natural Mother/Respondent on Monday, October 27, 2008, in the evening whereby she requested that he take custody of Nevaeh Renee Mrozek, on a temporary basis. This was due to her inability to provide proper care and welfare for the child. 9. Petitioner alleges that in the above referenced telephone conversation; Natural Mother/Respondent continued to refuse his request of the both children's current location. However, she did inform him that she would drop them off at a rest stop outside of Chambersburg, Pennsylvania on the afternoon of October 31, 2008. 10. Petitioner alleges that Natural Mother/Respondent has had numerous past instances of erratic behavior, including but not limited to drug abuse and health and welfare issues. 11. Petitioner alleges that Natural Mother/Respondent has had prior mental health issues which led to hospitalization by way inpatient treatment at Westmoreland Regional Medical Center located in Westmoreland County, Pennsylvania. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter a Temporary Order awarding Petitioner Temporary Primary Physical Custody of both minor Children upon obtaining physical possession of his children and pending the outcome of an Emergency Custody Proceeding. Respectfully Submitted, THE Date. l> 3 16 BY: V FFICES OF PAUL ADFORD ORR Paul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 Court ID No.: 73471 ATTORNEY VERIFICATION I verify that the statements made in the foregoing document are true and correct. Some of the information may be known to me, but not to my client. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to un oArE i n 3 i )ng Paul Bradford Orr, Esquire .s IN THE COURT OF COMMON PLEAS OF FAYETTE COUNTY, PENNSYLVANIA CIVIL DIVISION ERIC JOSEPH MROZEK, Plaintiff, -? JENNIFER SUE MROZEK, Defendant. r o 7, NO. 100 OF 2003, G.D. =G N r rn JUDGE RALPH C. WARMAI ! U 0 CUSTODY CONSENT ORDER AND NOW, this -2? day of , 2008, upon agreement of the parties and consideratio f the recommendation of the Child Custody Mediator/ Hearing Officer, after Conference which the parties attended, the Court ORDERS and DIRECTS that the parties shall share LEGAL CUSTODY (authority to make major decisions regarding educational, religious, medical and other important matters), as defined in the laws of the Commonwealth of Pennsylvania, and shall share PHYSICAL CUSTODY of their minor children, Destiny Mrozek, born November 18, 2002, Nevaeh Mrozek, born October 12, 2003, as follows: During the school year, Defendant Mother, Jennifer Sue Mrozek, shall exercise custody, commencing September 18, 2008 of both children during the school week from Sunday at 7:00 P.M. until Saturday at 9:00 A.M. During the school year, Plaintiff Father, Eric Joseph Mrozek, shall exercise custody every weekend, commencing on Saturday, September 27, 2008, from 9:00 A.M. on Saturday until 7:00 P.M. on Sunday. During the summer months when school is not in session, commencing on the Sunday after the last day of school, Plaintiff Father shall exercise custody during the week from 7:00 P.M. Sunday until Saturday at 9:00 A.M. Defendant Mother shall exercise custody every weekend, commencing on the first Saturday following Father's first week of summer custody from 9:00 A.M. on Saturday until 7:00 P.M. on Sunday. The summer vacation period shall end on the Sunday before the Sunday of the week when school resumes, so that the children have at least one week to ease back into their school routine. Each party shall be entitled to one (1) week of exclusive custody during the summer months when school is not in session, provided the other party is given at least thirty (30) days' advance notice of the specific week desired. PLAINTIFF'S EXHIBIT it Aso ,? Unless the parties otherwise agree, a "week" shall begin and end at 9:00 A.M. on Saturday. These holiday and vacation arrangements take precedence over the normal schedule set forth above. The parties shall share Christmas Day, Easter Sunday, and Thanksgiving Day, as they may agree, but if they do not agree, then as follows: - In even-numbered years, Mother shall have custody for the Christmas holiday from 3:00 P.M. on Christmas Eve, December 24th, until the day following Christmas, December 26th, at 9:00 A.M., when the regular custody schedule shall resume; In even-numbered years, Mother shall have custody for the Easter holiday from Saturday, the day before the holiday, at 3:00 P.M. until 7:00 P.M. on Easter Sunday, when the regular custody schedule shall resume; and In even-numbered years, Father shall have custody for the Thanksgiving holiday from 3:00 P.M. on Wednesday, the day before the holiday until 9:00 A.M. on Friday, the day following the holiday, when the regular custody schedule shall resume. - In odd-numbered years, Father shall have custody for the Christmas holiday from 3:00 P.M. on Christmas Eve, December 24th, until the day following Christmas, December 26th, when the regular custody schedule shall resume; - In odd-numbered years, Father shall have custody for the Easter holiday from Saturday, the day before the holiday, at 3:00 P.M. until 7:00 P.M. on Easter Sunday, when the regular custody schedule shall resume; and In odd-numbered years, Mother shall have custody for the Thanksgiving holiday from 3:00 P.M. on Wednesday, the day before the holiday until 9:00 A.M. on Friday, the day following the holiday, when the regular custody schedule shall resume. The Mother shall always exercise custody on Mother's Day and the Father shall always exercise custody on Father's Day, from 9:00 A.M. until 7:00 P.M. Mother consents to Father's relocation from Fayette County to Shippensburg, Cumberland County, Pennsylvania, for purposes of obtaining a better job. fa Unless agreed otherwise, the party assuming custody shall be responsible for the transportation necessary to effect custody transfers. CONSENTING• This Order supersedes and replaces all prior Custody Orders. This Order resolves the issues referred to the Child Custody Mediator/ Hearing Officer. No further action will be required of the Child Custody Mediator/ Hearing Officer, except by further referral Order. MC T: J. ATTEST: Xa,t,u Prothonotary Plain Defe dant Plaintif ' ounsel fendant's C sel -.A 1 ? * O Lb 8 ofd '? 9? t5 s OCT 31200K8,x,, /' ERIC JOSEPH MROZEK, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No.: DB ?o y R7 Civil Action JENNIFER SUE MROZEK, Respondent ORDER OF COURT AND NOW, this 3' ry day of October, 2008, upon consideration of Petitioner's Petition for Emergency Relief, it is hereby ordered that temporary primary physical custody of the parties minor children, Destiny Marie Mrozek, age six, date of birth, November 18, 2002, and, Nevaeh Renee Mrozek, age 5, date of birth October 12, 2003, shall be with Petitioner upon Petitioner obtaining actual physical custody of said children.-F- laerixier-e, u 2099, at and 6ocinty euult of eVnTn1eR-;49as-, p?h h r»? ?, t? cu o h °t7 crtiyo /a,h ?? df rh} ?yv?? J BY THE COURT: o% -?? J'19 Kevi . Hess, Judge . _..- ;.- ?' t1"a ? ? c? ;?1 - ?? ?? i? ?„ ? ?Yf ?? +?^^{{ ' yam. [ l. :5 ?? f ERIC JOSEPH MROZEK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER SUE MROZEK DEFENDANT 2008-6487 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 04, 2008 , 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 Tuesday, December 02, 2008 at 8:30 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 uelrne M. Verne 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 --)0- ??- U .Z Wd ti_ AON $DOZ :32HI 30 _C ERIC JOSEPH MROZEK, Plaintiff V. JENNIFER SUE MROZEK, Defendant PRAECIPE TO CHANGE DEFENDANT'S ADDRESS TO THE PROTHONOTARY: Please change the address of the Defendant in the above captioned matter from "last known address" of: 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-6487 Civil Action 405 Woodview Terrace, Connellsville, PA 15425; to: 2 360 First Street, isenrang, Pa 15689. DATE: Jl ? Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney ID: 71786 INC -70 P G3 co OCT 312008 f' ERIC JOSEPH MROZEK, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No.: DS- 1A 81 Civil Action JENNIFER SUE MROZEK, Respondent ORDER OF COURT AND NOW, this day of October, 2008, upon consideration of Petitioner's Petition for Emergency Relief, it is hereby ordered that temporary primary physical custody of the parties minor children, Destiny Marie Mrozek, age six, date of birth, November 18, 2002, and, Nevaeh Renee Mrozek, age 5, date of birth October 12, 2003, shall be with Petitioner upon Petitioner obtaining actual physical custody of said children. F-aitheinfair es y ou G9w4"xua$1umI;w-. 41DJ -zo) I0., D? -V _ 11. t1 A d i A CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 R 0F Th c Y: Q)y .r?;? E0 Jennifer Sue Mrozek 405 Woodview Terrace Connellsville, PA 15425 S?P? P?TQ? Me 02 1A 0004631598 NC MAILED FROM ZIP C NIXIE 152 CC 1 77 11/ RETURN" TO SENDER ATTEMPTED' `NOT KNOWN UNABLE ,TO', FGRWAIkD 3»w.?:` ,iii""=e BC. 170130 l???Itl?„111????„?i1?,11?1??1,I ERIC JOSEPH MROZEK, IN THE COURT OF COMMON PL Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JENNIFER SUE MROZEK, NO. 08-6487 CIVIL Defendant ORDER AND NOW, this ZG ` day of November, 2008, our order of October 31, 2008, VACATED as having been improvidently entered. 008, is BY THE COURT, Paul Bradford Orr, Esquire For the Plaintiff c s / P Debra Henry, Esquire G o ?- I( e For the Defendant ? ? 11. ®v "Wt :rlm Kevin . Hess, J. -j=i ;?-? ERIC JOSEPH MROZEK, Plaintiff V. JENNIFER SUE MROZEK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2008-6487 Civil Action PRAECIPE TO WITHDRAW PREVIOUSLY FILED COMPLAINT FOR CUSTODY TO THE PROTHONOTARY: AND NOW this 4th day of December, 2008, Plaintiff, by and through the below signed Counsel, directs the Prothonotary to Withdraw his previously filed Complaint for Custody at the above captioned Docket Number. DATE: Paul Bradford Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 >.r 4 '. s Ar- +i ?' to GEC 0 5 201-k3k ERIC JOSEPH MROZEK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6487 CIVIL ACTION - LAW JENNIFER SUE MROZEK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4th of December, 2008, being advised that Plaintiff has filed a Praecipe to Withdraw his Complaint, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, C ody Conciliator za C - CO -po .i