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Home My WebLink About10-0210OF TH A FROTH GNOT4W 2010 JAN -6 PM 3: 25 JOSHUA C. CHAPEK, Plaintiff V. KERISA M. CHAPEK, Defendant T OF COMMON PLEAS OF D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2010 - A16 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Joshua C. Chapek, by her attorneys, Irwin & McKnight, P.C., and presents the following Complaint for Custody. 1. The Plaintiff, Joshua P. Chapek, is an adult individual of 92 Deerfield Road, Camp Hill, Pennsylvania 17011-8469. 2. The Defendant, Kerisa M. Chapek, is an adult individual with an address of 75 Bonneybrook Road, Lot #1, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of three (3) children, namely, Kaylie M. Chapek, born July 21, 2004; Sydney E. Chapek, born December 28, 2005; and Easton B. Chapek, born March 3, 2009. 4. The Plaintiff, Joshua C. Chapek, desires that the parties have shared legal custody of the minor children, Kaylie M. Chapek, Sydney E. Chapek, and Easton B. Chapek. ?QI ? ?C OG or'd 3?0? fi rM,vt 5. The Plaintiff, Joshua C. Chapek, desires primary physical custody of the said minor children with periods of temporary physical custody to Defendant, Keith A. Windemaker, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Joshua C. Chapek, respectfully requests that he be awarded primary physical custody and shared legal custody of the minor children, Kaylie M. Chapek, Sydney E. Chapek, and Easton B. Chapek as provided herein, with periods of temporary physical custody to Defendant, Kerisa M. Chapek, as provided herein. Respectfully submitted, IRWIN * McKNIGHT, P.C. By: Marcu A. Mc i II, Esquire Attorne for Pla tiff 60 West Pomfret et Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: January 6, 2010 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 'do??P SHUA C. C EK Date: January 6, 2010 .IOSHUA C. CHAPEK [N THE COURT OF COMMON PLEAS OF PI,AINTiI~~F CUMBERLAND COUNTY, PENNSYLVANIA V. • 2010-210 C'IV1L ACTION LAW KERISA M. CHAPEK IN CUS"I'ODY D[;FF:?~DANT ORDF,R OF COURT AND NOW', Thursday, January 07,.2010 _ _, 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 Count Courthouse, Carlisle_ on __ Thursday, February 18,.2010 at 9 00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. 1=0R THE COUR"1'. By: _ /s/ , joh~_Man~an~r.~Es~.~_________ Custody' Conciliator The Court of Common Pleas of Cuuberland County is reduired by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations a~ailahle to disabled individuals having business before the court, please contact our oftice. 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. lF YOU DO NO"h HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WE~IERE Y'OU CAN GET LEGAL l-fELP. Cumberland County Bar Association .~? Soltth Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ILE~--i; r1C~ 2010 JAN -8 P~ 2~ 38 ,. urr.~:_ ,_~ ::~ ~.vJ~~i~Y h ~ ~,.~;,i~ tizf rE~, .L.~t.J.. FEB 2 2 201 i JOSHUA C. CHAPEK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENN~L~NI~, o ~j v. No. 10-210 CIVIL ACTION L~4VV ~ ; ;; ~ -~ `:. KERISA M. CHAPEK, IN CUSTODY F ~_'. -=?~-~ Defendant ~' - _.~. ; Cam. ORDER OF COURT ~~ ~'~' ~ AND NOW this ZZ.~ day of February 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Joshua Chapek, and the Mother, Kerisa Chapek, shall have shared legal custody of Kaylie M. Chapek, born 07/21/2004, Sydney E. Chapek, born 12/28/2005 and Easton B. Chapek, born 03/03/2009. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as the parties may agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as agreed upon. 5. In the event the custodial parent should take the Children 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. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. C~ 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. In the event that either party to this action is not satisfied with the instant Order, either party may directly contact the assigned conciliator to request a modification within ninety (90) days of the instant Order. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, ~, ,; L /,. ~ J. D'stribution: cus McKnight, Esquire ~e sa Chapek, 75 Bonneybrook Rd., Lot #1, Carlisle, PA 17013 /John J. Mangan, Esquire eo~iES m~us~l a~a~~~o ~~ JOSHUA C. CHAPEK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-210 CIVIL ACTION LAW KERISA M. CHAPEK, IN CUSTODY Defendant 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: 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 Kaylie M. Chapek 07/21/2004 Primary Father Sydney E. Chapek 12/28/2005 Primary Father Easton B. Chapek 03/03/2009 Primary Father 2. A Conciliation Conference was held with regard to this matter on February 18, 2010 with the following individuals in attendance: The Mother, Kerisa Chapek, did not appear The Father, Joshua Chapek, did not appear, but represented by Marcus McKnight, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. ~~~- _ Date Jo J. gan, Esquire Cu tod Conciliator r MAR 16 2010 C~ JOSHUA C. CHAPEK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-210 CIVIL ACTION LAW KERISA M. CHAPEK, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, Jr., ORDER OF COURT AND NOW this _~! '~ day of March 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Cumberland County, PA Order of Court dated February 22, 2010 is hereby VACATED effective 02/18/2010. 2. Under no uncertain terms, the Father shall make arrangements to have the Children return to the jurisdiction where Mother and Father reside no later than 02/18/2010. 3. In light of the undisputed fact that the parents both legally reside in Dauphin County, PA and that there exists a controlling custody Order out of York County, PA, Cumberland County hereby relinquishes its authority in the instant custody action effective 02/18/2010. 4. The controlling York County custody action docketed at 2008-FC-2207-03 Order dated 12/16/2008 is in full force and effect as of 02/18/2010 pending further modification in the appropriate jurisdiction. 5. 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. D' tribution: cus McKnight, Esquire erisa Chapek ~hn J. Mangan, Esquire y n ,-~ ; --- ffll'.- ,f~ c_ ~_: ~: ;~- . J Q :':~ L~ ~~ -n ~~ "°Ci I] ~~ _-`~ =; o^ b C~ f JOSHUA C. CHAPEK, Plaintiff v. KERISA M. CHAPEK, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-210 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Kaylie M. Chapek 07/21/2004 Mother and Father Sydney E. Chapek 12/28/2005 Mother and Father Easton B. Chapek 03/03/2009 Mother and Father 2. A Conciliation Conference was held with regard to this matter on February 18, 2010, an Order was issued 02/22/2010 and a conciliation conference was held March 11, 2010 with the following individuals in attendance: The Mother, Kerisa Chapek, self-represented party The Father, Joshua Chapek, with his attorney, Marcus McKnight, Esq. 3. The undersigned recommends the entry of an Order in the form as attached. 3/~ Date Jo J. angan, Esqu' C tod Conciliator