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HomeMy WebLinkAbout10-2689 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff :NO. 10 - o?4,89 CIVIL TERM n a V. : CIVIL ACTION - LAW c? z>>, MICHELLE LYNN SKURZYNSKI Defendant : IN DIVORCE/CUSTODY/VISITATION NOTICE TO DEFEND AND CLAIM RIGHTS C YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 J 5o 1. OD PO Arr/ Cv* /at ?* ayioo5- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff v NO. IO - "&'? CIVIL TERM CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI : Defendant : IN DIVORCE/CUSTODY/VISITATION COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE COMPLAINT FOR CUSTODY COUNTI DIVORCE AND NOW, comes the above-named Plaintiff seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Aaron John Skurzynski, who currently resides at 301 East Springfield Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant is Michelle Lynn Skurzynski, who currently resides at 139 Pleasant Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on August 6, 1994 in Jacobus, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither plaintiff nor defendant is in the Armed Forces of the United States or any of its allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff, Aaron Skurzynski, prays that a decree in divorce be entered dissolving the marriage between the two parties. COUNT II EQUITABLE DISTRIBUTION 9. The allegations contained in Paragraphs 1 through 8 of this Petition are incorporated herein by reference as though set forth in full. 10. The parties have acquired property during their marriage, both real and personal, and are unable to agree as to the distribution of the same. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order equitably dividing the marital property of the parties. COUNT III CUSTODY 11. The allegations contained in Paragraphs 1 through 10 of this Petition are incorporated herein by reference as though set forth in full. 12. Plaintiff seeks custody of the following children: Name Present Address Date of Birth Alexander James Skurzynski 139 Pleasant Grove Rd, Mech PA 17050 Ethan Jarod Skurzynski 139 Pleasant Grove Rd, Mech PA 17050 Emily Renada Skurzynski 139 Pleasant Grove Rd, Mech PA 17050 Chloe Annabella Skurzynski 139 Pleasant Grove Rd, Mech PA 17050 The children were born in wedlock. 02/ 12/ 1995 01/13/1997 06/18/1998 08/05/2000 The children are presently in the physical custody of defendant who resides at 139 Pleasant Grove Rd, Mech PA 17050. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff/Defendant 139 Pleasant Grove Rd, Mech PA 17050 birth - present. Mother of the children is Michelle Lynn Skurzynski, currently residing at 139 Pleasant Grove Rd, Mech PA 17050 She is married. Father of the children is Aaron John Skurzynski, currently residing at 301 East Springfield Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. He is married. 13. The relationship of plaintiff to the children is that of father. Plaintiff currently resides with Dave and Janette Coulston. 14. The relationship of defendant to the children is that of mother. Defendant currently resides with the children. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. J'he hest interest and permanent welfare of the children will be served by granting the relief requested because plaintiff can best provide for the needs of the children. 17. 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. , Plaintiff, respectfully request this Honorable Court to grant him custody of the children. Respectfully Date: April 22 I verify that tl; statements her+ Falsification to gate- -,7,A,4/ Wm. C. Felker, Esquire ??---?? Attorney For Plaintiff ID # 67999 P.O. Box 1401 Camp Hill, PA 1.701 717-512-0647 10 statements made in this Complaint are true and correct. I understand that false u are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn Aaron Skurzynski CERTIFICATE OF SERVICE I hereb,. certify, that on the date set forth below, a true and correct copy of the foregoing .0niplairnt was served upon the party listed below by certifiers, return receipt, restricted delivery United States first class mail, to the following address: James Smith Diettterick & Connelly 134 Sipe Avenue Hummesstown, PA 17036 Apri122, 20101 MICHELLE L. SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• :DOMESTIC RELATIONS SECTION AARON J. SKURZYNSKI, :PACSES NO. 654111491 Defendant :DOCKET NO. 140 SUPPORT 2010 AARON JOHN SKURZYNSKI, 1N THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V• :DOMESTIC RELATIONS SECTION MICHELLE LYNN SKURZYNSKI, :PACSES NO. 913111664 Defendant/Petitioner :DOCKET NO. 2010-2689 CIVIL TERM INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 -Earnings statements Plaintiff's Exhibit No. 2 -Income and expense statement Plaintiff's Exhibit No. 3 -Earning statements for Defendant Plaintiff's Exhibit No. 4 -Self-employment income for Defendant Defendant's Exhibit No. 1 - E-mail correspondence received by Plaintiff Defendant's Exhibit No. 2 -Expense statement o ~~'_ ~ ~ n G~s.~. Gft ^ t ...C ., ~--- ~- _ . . -~ .,. -r .. T} ~ W ~ ~ ~ ~ MICHELLE L. SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION AARON J. SKURZYNSKI, :PACSES NO. 654111491 Defendant DOCKET NO. 140 SUPPORT 2010 AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEA~O o ;,., Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSY~JAI~A ~'" V. • "CJ LX'; C... 17tr~1 ~- :DOMESTIC RELATIONS SECTION~> _`-' N t'i'i~ -~'~ t MICHELLE LYNN SKURZYNSKI, :PACSES NO. 913111664 ' ~ ~. 3 w -~;-~ .~, ,?, ' :-. t: Defendant/Petitioner :DOCKET NO. 2010-2689 CIVIL TE~ ~~, ~~~r`~ INTERIM ORDER OF COURT AND NOW, this 24th day of June, 2010, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $2,481.00 per month allocated as follows: 1. $1,362.00 for the support of his children, Alexander J. Skurzynski, born February 23, 1995, Ethan J. Skurzynski, born January 13, 1997, Emily R. Skurzynski, born June 18, 1998, and Chloe A. Skurzynski, born August 5, 2000. 2. $777.00 for the support of his Wife. 3. $341.00 as a mortgage adjustment. B. Should the Wife fail to bring the mortgage on the marital residence current by September 30, 2010 the Husband may file a petition for modification at that time. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional amount of $100.00 per month on arrears. D. The Husband is given a credit on arrears in the amount of $2,364.00 for direct payments made on behalf of the Wife. E. The Husband shall provide health insurance coverage for the benefit of his Wife and Children as is available to him through employment or other group coverage at a reasonable cost. F. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said children. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 sc of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 81 % by Husband and 19% by Wife. G. The effective date of this order is February 26, 2010. H. The Wife's claim for alimony pendente lite is dismissed without prejudice. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, ~~ M. L. Ebert, Jr., J. Cc: Michelle L. Skurzynski Aaron J. Skurzynski Max J. Smith, Jr., Esquire For the Plaintiff William C. Felker, Esquire For the Defendant DRO/dch MICHELLE L. SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION AARON J. SKURZYNSKI, :PACSES NO. 654111491 Defendant :DOCKET NO. 140 SUPPORT 2010 AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION MICHELLE LYNN SKURZYNSKI, :PACSES NO. 913111664 DefendantlPetitioner :DOCKET NO. 2010-2689 CIVIL TERM SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on June 22, 2010, the following report and recommendation are made: FINDINGS OF FACT 1. The Wife is Michelle L. Skurzynski, who resides at 139 Pleasant Grove Road, Mechanicsburg, Pennsylvania. 2. The Husband is Aaron J. Skurzynski, whose mailing address is P.O. Box 22, Mechanicsburg, Pennsylvania. 3. The parties were married on August 5, 1994. 4. The parties are the parents of four minor children, Alexander J. Skurzynski, born February 23, 1995, Ethan J. Skurzynski, born January 13, 1997, Emily R. Skurzynski, born June 18, 1998, and Chloe A. Skurzynski, born August 5, 2000. 5. The parties separated in January, 2010 when the Husband moved from the marital residence. 6. On February 26, 2010 the Wife filed a complaint for spousal and child support. 7. On Apri122, 2010 the Husband filed a complaint for divorce. 8. On May14, 2010 the Wife filed a demand for hearing on her claim for alimony pendente lite. EXHIBIT "A" 9. The Wife is 43 years of age and is a high school graduate. 10. The Wife did not work outside the home during the marriage before the separation. 11. The Wife currently works 12 hours per week at the rate of $10.00 per hour. 12. The parties' oldest child has Asperger's Syndrome and requires supervision. 13. The Wife is not incurring childcare expenses at the present time. 14. The Wife and children reside in the marital residence. 15. The monthly mortgage payment is $1,520.00 including escrows for taxes and insurance. 16. The Wife has not paid the mortgage since filing the complaint because she has not had the financial ability to do so. 17. The Wife's tax filing status for tax year 2010 is head of household. 18. The Husband is employed full-time by the federal government. 19. The Husband has a bi-weekly salary of $2,901.60. 20. The Husband pays $244.21 bi-weekly for health insurance coverage on the family. 21. The Husband makes a bi-weekly contribution to the Federal Employees' Retirement System of $23.21. 22. The Husband has a state pension of $93.00 per month. 23. The Husband has average monthly self-employment income of approximately $629.00. 24. The Husband's tax filing status for tax year 2010 is married/separate. 25. The Wife corresponded with another man through the Internet through the spring of 2009 but never met the individual. 26. The Husband moved from the home because he believed that the parties' arguments were having a detrimental effect on the children. DISCUSSION Both parents have an obligation to support their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent's ability to support his or her children, the focus is on earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). A party's earning capacity is that amount he or she can realistically be expected to earn under the 2 circumstances considering his or her age, health, physical and mental condition, education and training. Riley v. Foley, 783 A.2d 807 (Pa. Super. 2001). The Wife works only 12 hours per week to be available for her children and to avoid childcare expenses. All of her children are of school age. She clearly has the ability to work additional hours during the school year. She can do this by obtaining a second part-time job or by obtaining employment with more hours per week. An earning capacity of $250.00 per week will be imputed to her for 42 weeks with her actual earnings utilized for the 10 summer weeks. This equates to an average gross monthly income of $975.00. Filing her federal income tax return as head of household, but permitting her Husband to claim the children as dependency exemptions, she has a net monthly earning capacity of $1,210.00.1 The Husband has gross monthly income from his employment with the federal government of $6,287.00, retirement income of $93.00, and monthly profit from self- employment of $629.00. His total gross monthly income is $7,009.00. With a tax filing status of married/separate and four children claimed as dependency exemptions, he has net monthly income for support purposes of $5,164.00.2 With combined net monthly income of $6,374.00 the basic requirement for the support of four children is $1,781.00 per month.3 The Husband's proportionate share of that amount is $1,443.00. The Husband receives a downward adjustment for providing health insurance coverage resulting in a child support obligation of $1,362.00.4 The Wife has made a claim for spousal support. A dependent spouse is entitled to spousal support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d 155 (Pa. Super. 1993). The party seeking to nullify the obligation to pay spousal support has the burden of proving conduct on the claimant's part by clear and convincing evidence. Hoffman v. Hoffman, 762 A.2d 766 (Pa. Super. 2000). Although the Defendant offered evidence that his wife had received a-mail correspondence of a somewhat sexual nature from another man six to nine months before the separation, he offered no conduct on her part that would constitute grounds for a fault divorce. Consequently spousal support will be awarded. With the incomes and child support obligation as set forth above, the Husband's obligation for spousal support is $777.00 per months The Wife has requested a mortgage adjustment to the support order pursuant to Pa. R.C.P. 1910.16-6(e). With the financial circumstances as set forth above, that adjustment would be $341.00 per month. However, the rule assumes that the spouse occupying the marital residence is, in fact, paying the mortgage. Because the Wife was not receiving support during the pendency of the action, she was unable to make the payments. No 'Because of the earned income credit, the Wife's net income would exceed the gross. See Exhibit "A" for the tax deductions. 2 See Exhibit "A" for the tax deductions from gross income. s See Pa. R.C.P. 1910.16-3. a See Exhibit "B" for the guideline calculation. s See Exhibit "C" for the calculation. 3 payments have been made on the mortgage for April through June. A recommendation will be made that the mortgage adjustment be included in the Husband's support obligation with the proviso that should the Wife fail to bring the mortgage current by September 30, 2010, the Husband may at that time file a petition for modification. Because spousal support is awarded, the claim for alimony pendente lite must be denied. The Husband will be given a credit in the amount of $2,364.00 for payment of the mortgage in March and for other direct payments on behalf of the Wife. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $2,481.00 per month allocated as follows: 1. $1,362.00 for the support of his children, Alexander J. Skurzynski, born February 23, 1995, Ethan J. Skurzynski, born January 13, 1997, Emily R. Skurzynski, born June 18, 1998, and Chloe A. Skurzynski, born August 5, 2000. 2. $777.00 for the support of his Wife. 3. $341.00 as a mortgage adjustment. B. Should the Wife fail to bring the mortgage on the marital residence current by September 30, 2010 the Husband may file a petition for modification at that time. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional amount of $100.00 per month on arrears. D. The Husband is given a credit on arrears in the amount of $2,364.00 for direct payments made on behalf of the Wife. E. The Husband shall provide health insurance coverage for the benefit of his Wife and Children as is available to him through employment or other group coverage at a reasonable cost. F. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said children. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 81 % by Husband and 19% by Wife. G. The effective date of this order is February 26, 2010. 4 H. The Wife's claim for alimony pendente lite is dismissed without prejudice. Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Michelle L. Skurzynski Defendant Name: Aaron J. Skurzynski Docket Number: 140 S 2010 PACSES Case Number: 654111491 Other State ID Number: Tax Year: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Married Filing Se aratel Head of Household 3. Who Claims the Exem tions Customize 4. Number of Exemptions 5 1 5. Monthl Taxable Income $7,008.80 $975.00 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $700.00 8. Exem tion Amount $1,520.85 $304.17 9. income MINUS Deductions and Exem tions $5,012.95 -$29.17 10. Tax on Income $935.00 - 11. Child Tax Credit - - 12. Manual Ad'ustments to Taxes - - 13. Federal Income Taxes $935.00 -$350.33 13 a. Earned Income Credit - $350.33 14. State Income Taxes $221.48 $30.81 15. FICA Pa ments $569.00 $74.59 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $69.16 $9.75 TOTAL Taxes $1 794.64 -$235.18 SupportCalc 2010-5-12 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet _16 1 of se __-- ----- Rtrie 191 0 _ . _ Defendant Name: Aaron J. Skurzynski Docket Number: 140 S 2010 PACSES Case Number: 654111491 Plaintiff Name: Michelle L. Skurzynski Other Case ID Number: _ Defendant Plaintiff 1. Number of De endents in this Case 4 2. Total Gross Month/ Income 3. Less Month/ Deductions $7,008.80 $1,844.94 $975.00 -$235.18 4. Monthly Net Income Line 2 minus Line 3 $5,163.86 $1,210.18 - 5. Combined Total Monthly Net Income bi d C $6,374.04 om ne Amounts on Line 4 6. Plus Child's Month/ Soc. Sec. Retirement or Disabilit Derivative Benefit. - 7. Adjusted Combined Total Month/ Net Income - - 8. PRELIMINARY Child Su ort Obli ation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative (-) Benefit Line 6 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Su ort Schedule Table Rev. 1/2006 ____ $1,781.00 11. Net Income as a Percenta a of Combined Amount 81.01 18.99 12. Each Parent's Month/ Share of the Child Su ort Obli ation $1,442.79 $338.21 13. Adjustment for Shared Custod Rule 1910.16-4 c # of Overni hts: - - 14. Adjustment for Child Care Ex enses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b -$80.38 16. Adjustment for Unreimbursed Medical Ex enses Rule 1910.16-6 c - 17. Adjustment for Additional Ex enses Rule 1910.16-6 d - 18. Total Obli ation with Ad'ustments Line 12 minus Line 13, lus Lines 14,15,16,17 $1,362.41 19. Less S lit Custod Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 18 minus Line 19 $1,362.41 Prepared bv: mrr Date: 6/23/2010 --- - ---- - _ - ---~:~~mmarv Rnnnrt S1. PACSES Multi le Famil Adjustment - S2. S ousal Su ort Award $777.38 S3. Adjustment for Excess Mortgage Payments (If Applicable) $341.26 S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) - S5. Adjusted Support Obligation Line 20 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $2,481.05 Weekly: $571.01 TAX INFORMATION Tax Method Filin Status Exem tions S6. Defendant 1040 ES Married Filin Se aratel 5 S7. Plaintiff Manual Sin le 1 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: ~ suPportcaic so~o EXEIIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES ~aRMAT) Plaintiff Name: Michelle L. Skurzynski Defendant Name: Aaron J. Skurzynski Docket Number: 140 S 2010 PACSES Case Number: 654111491 Other State ID Number: 1. Obli or's Monthl Net Income $5,163.86 2. Less All Other Su ort 3. Less Obli ee's Monthl Net Income $1,210.18 4. Difference $3,953.68 5. Less Child Su ort Obli ation for Current Case $1,362.41 6. Difference $2,591.27 7. Multi I b 30% or 4(?% 30.00% 8. Income Available for S ousal Su ort $777.38 9. Ad"ustment for Other Ex enses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $777.38 Pre ared b : mrr Date: 6/23/2010 SupportCalc 2010 EXHIBIT "C" ,~ JU! 2020~U Y U AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, 1N CUSTODY Defendant ORDER OF COURT AND NOW this ?. ~ day of July 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Sir Legal Custody: The Father, Aaron John Skurzynski, and the Mother, Michelle Lynn Skurzynski, shall have shared legal custody of Alexander J. Skurzynski, born 02/12/1995, Ethan J. Skurzynski, born 01/13/1997, Emily R. Skurzynski, born 06/18/1998 and Chloe A. Skurzynski, born 08/05/2000. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion: Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing 06/16/10, Father shall have physical custody of the Children every Wednesday from 4:30 pm until Thursday 9:00 am. b. Commencing 06/18/10, Father shall have physical custody on alternating weekends from Friday 4:30 pm until Sunday 4:00 pm. c. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Father has agreed to, and shall, allow Mother to view the living arrangements one time at Father's residence. Father has agreed to provide appropriate sleeping arrangements for the Children. 4. Counseling: The parties are strongly encouraged to continue to engage the Children in their respective counseling as recommended. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement, a schedule shall be established at the next conciliation conference. 7. Each parent shall have one uninterrupted week of vacation with the Children per year. The requesting parent shall give the other parent 10 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. Father has already requested the week of July 23 through July 30 to go to NC. 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 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. 9. 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. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. A status conference with the assigned conciliator is hereby scheduled for August 24, 2010 at 9:00 am at the Court of Common Pleas, Carlisle. PA. 12. 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, J. Distribution: ,/lax Smith, Esquire ~i iam Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 J. Mangan, Esquire ~~~fS' m~a ~~~ 7/ar ~ t v ~r/~ n ^~ _ ~- ~~ , - ~ ~; r, :,, -, .. ~ ~- ~. t-il f T~ r r,.~ /V ~? `_ `- ~' ~~; ~.~ ... AARON JOHN SKURZYNSKI, Plaintiff v. MICHELLE LYNN SKURZYNSKI, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2689 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 Custody of .Alexander James 5kurzynski 02/12/1995 Primary Mother Ethan Jarod Skurzynski 01!13!1997 Primary Mother Emily Renada Skurzynski 06/18/1998 Primary Mother Chloe Annabella Skurzynski 08/05/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03, 2010 with the following individuals in attendance: The Mother, Michelle Skurzynski, with her counsel, Max Smith, Esq. The Father, Aaron Skurzynski, with his counsel, William Felker, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 1 V Date Jo . M gan, Esquire C tod Conciliator ? f E FILED— y Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jessica E. Lowe, Esquire Attorney I.D. #208041 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: inis(aisdc.com AARON JOHN SKURZYNSKI, Plaintiff vs. MICHELLE LYNN SKURZYNSKI, Defendant z. 2 r, PENN•` YUv'ANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-2689 CIVIL, TERM CIVIL ACTION - LAW DIVORCE/CUSTODY/VISITATION MOTION FOR CONTINUANCE AND NOW comes the Defendant, Michelle Lynn Skurzynski, by her attorney, Jessica E. Lowe, Esquire, and respectfully states as follows: 1. On or about September 2, 2010, Plaintiff filed a Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43. 2. On September 7, 2010, an Order of Court was issued by the Honorable M.L. Ebert, Jr. scheduling a hearing on Monday, September 13, 2010 at 3:00 p.m. 3. Prior to receiving the Scheduling Order on September 7, 2010, Defendant had not been served with a copy of Plaintiff s Petition for Special Relief, and consequently, Defendant requires additional time to prepare for oral argument. 4. Further, as counsel for Plaintiff herein will be out of town that day, he does not object to this matter being continued. This is the first request for continuance made by either party. WHEREFORE, Plaintiff respectfully requests that the aforesaid custody hearing be continued to the next earliest date. Respectfully submitted, Date: September 8, 2010 ?. 1bI X J. 11VIj TH, JR., Esquire 1. . No.` 4 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AARON JOHN SKURZYNSKI, Plaintiff VS. MICHELLE LYNN SKURZYNSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2689 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY/VISITATION CERTIFICATE OF SERVICE AND NOW, this 8th day of September, 2010, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Motion for Continuance, by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: William C. Felker, Esquire P.O. Box 1401 Camp Hill, PA 17001-1401 MAL?J. SMI(TH?JR., Esquire LL?. 0. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 w AARON JOHN SKURZYNSKI, Plaintiff v. MICHELLE LYNN SKURZYNSKI, Defendant Prior Judge: M.L. Ebert, Jr., J. SEP ~ ~ Y~Ji~i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2689 CIVIL ACTION LA~ ~, ~ IN CUSTODY ~~ -~'~ ~~ • ~ :~: _`, ~ C ~,~ a , ,~ ~~ c .. 1 C't _...~ ORDER OF COURT AND NOW this 1~ day of September 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Aaron John Skurzynski, and the Mother, Michelle Lynn Skurzynski, shall have shared legal custody of Alexander J. Skurzynski, born 02/12/1995, Ethan J. Skurzynski, born 01/13/1997, Emily R. Skurzynski, born 06/18/1998 and Chloe A. Skurzynski, born 08/05/2000. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing 09/01/10, Father shall have physical custody of the Children every Wednesday from 6:00 pm unti18:30 pm. b. Commencing 08/27/10, Father shall have physical custody of the Children three weekends in a row from Friday 4:30 pm until Monday morning before school. c. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. Furthermore, the parents have agreed to engage in therapeutic family counseling with the focus on co-parenting with an appropriate professional. The parties have agreed to communicate and choose a professional within ten days of today's date. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 6. Each parent shall have one uninterrupted week of vacation with the Children per year. The requesting parent shall give the other parent 10 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. 7. 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. 8. 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 parry, 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. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. "The parties have the option of contacting the assigned conciliator within 120 days of today's date to schedule a status conference if necessary. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: ,/lax Smith, Esquire ,/GVilliam Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 n Skurzynski, 506 Barry Ct., Mechanicsburg, PA 17050 ~/Tohn J. Mangan, Esquire ~~E.S m~ ~ ~~ By the Court, TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Ind endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treatin Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanks 'vin Da Thanksgiving 2n From 2 pm on Thanksgiving Day to Mother Father half noon the da after Thanks ivin Da Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father AARON JOHN SKURZYNSKI, Plaintiff v. MICHELLE LYNN SKURZYNSKI, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2689 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 Custody of Alexander James Skurzynski 02/12/1995 Primary Mother Ethan Jarod Skurzynski 01/13/1997 Primary Mother Emily Renada Skurzynski 06/18/1998 Primary Mother Chloe Annabella Skurzynski 08/05/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03, 2010, an Order issued July 21, 2010 and a conference was held August 24, 2010 with the following individuals in attendance: The Mother, Michelle Skurzynski, with her counsel, Jessica Lowe, Esq. The Father, Aaron Skurzynski, with his counsel, William Felker, Esq. 3. The parties agreed to the entry of an Order in the form as attached. r/z~,~ Date .----__ John an ,Esquire Cust y C ciliator . ~ AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE LYNN SKURZYNSKI, DEFENDANT NO. 10-2689 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 7th day of September, 2010, upon consideration of Plaintiff Aaron Skurzynski's Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall file an Answer to Plaintiff's Petition on or before September 10, 2010. Oral Argument on the matter will be held on Monday, September 13, 2010, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. William C. Felker, Esquire Attorney for Plaintiff VIA FACSIMILE: 730-4077 ~ax J. Smith, Jr., Esquire Attorney for Defendant VIA FACSIMILE: 533-2795 1."d r ~E.S /rLal.l C£d~ 4/ ~ra ~~ By the Court, M. L. Ebert, ., J. ro~ m o ~ --p ~~-, ~. ~n r. ~ r ~ r~- "'t G ~'` ~ 3 !=r ~.s ~- J~ N AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE LYNN SKURZYNSKI, : NO. 10-2689 CIVIL IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 10th day of September, 2010, upon consideration of the Defendant's Motion for Continuance and the Court noting that Plaintiff's Counsel would be unavailable for argument on September 13, 2010, IT IS HEREBY ORDERED AND DIRECTED that the argument previously scheduled for 3:00 p.m. on Monday, September 13, 2010 will be continued until Thursday, September 30, 2010, at 8:30 a.m. in Courtroom No, 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Ivt,- M. L. Ebert, Jr., .William C. Felker, Esquire Attorney for Plaintiff ax J. Smith, Jr., Esquire Attorney for Defendant bas J. -T7 71 1 AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE LYNN SKURZYNSKI,: DEFENDANT : NO. 10-2689 CIVIL ORDER OF COURT AND NOW, this 29th day of September, 2010, upon consideration of the information received from Plaintiff's Counsel that the parties have resolved their differences and the Plaintiff desires to withdraw the Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that the argument previously scheduled for Thursday, September 30, 2010, at 8:30 a.m. is cancelled and the Plaintiffs Petition for Special Relief is deemed WITHDRAWN. By the Court, M. L. Ebert, Jr., ?William C. Felker, Esquire Attorney for Plaintiff - - Max J. Smith, Jr., Esquire Attorney for Defendant bas J. L L ES '71a1 C F ?4 ?rv IN TBE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVATiIA I ~ AARON JOHN SKURZYNSKI . 3 ° ~ ~ Mas Plaintiff . zrn C) .-am v. : CNIL ACTION - LAW . ~C) "Cf CD"~i7 MICHELLE LYNN SKURZYNSKI C) c=~ : NO. 10-2689 CIVIL TERM =''z " --irn Defendant : IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The Petition of Plaintiff, Aaron Skurzynski, respectfully represents that on the 7tb day of September, 2010, an Order of Court was entered for partial custody, a true and correct copy of which is attached. 2. T'he Order should be modified because: a. Plaintiff is best fit to provide for the parties' children. b. Defendant's behavior while around the child is detrimental to the child's well being. WHEREFORE, Plaintiff requests that the Court modify the existing Order for partial physical custody of the child because it will be in the best interest of the child. Respectfully submitted, illiam C. Felker, Esquire Attorney ID: 67999 P.O. Box 1401 Camp Hill, Pennsylvania 17001-1401 (717) 512-0647 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.C.S. § 4904 relating to unsworn falsification to authorities. 7 ~..._...e. ~a November 14, 2011 ~ . Aazo Skurzynski 1?o•0019 a?P eg5h ~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVA1vIA AARON JOHN SKURZYNSKI . Plaintiff . v. : CNIL ACTION - LAW MICHELLE LYNN SKURZYNSKI . : NO. 10-2689 CNIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion was served upon the party listed below via first class, United States mail, postage prepaid. Michelle Skuizynski 139 Pleasant Grove Road Mechanicsburg PA 17050 l William C. Felker, Esquire Attorney for Defendant Attorney ID: 67999 P.O. Box 1401 Camp Hill, Pennsylvania 17001-1401 (717) 512-0647 November 14, 2011 AARON JOHN SKURZYNSKI, : IN THE COURT OF COMMON PLEAS OF PlaintifF : CtTMBERLAND COUNTY, PENNSYLVANIA v. : No. 10-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, . IN CUSTODY Defendant . Prior Judge: M.L. Ebert, Jr., J. ORDER OF C4URT AND NOW this 741\ day of September 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: , 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legai Custody: The Father, Aaron John Skurzynski, and the Mother, Michelle Lynn Skurzynski,. shall have shazed legal custody of Alexander J. Skuzzynski, born 02/12/1995, Ethan J. Skuizynski, bom 0 1/13/1997, Emily R. Skurzynski, born 06/18/1998 and Chloe A. Skurzynski, bom 08/05/2000. The parties shall have an equal right to make a11 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 pazent 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 pazent has possession vf 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. Phvsical Custodv: Mother sha11 have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing 09/0 1/10, Father sha11 have physical custody of the Children every Wednesday &om 6:00 pm unti18:30 pm. b. Commencing 08/27/10, Father shall have physical custody of the Children three weekends in a row from Friday 4:30 pm until Monday morning before school. c. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. Furthermore, the pazents have agreed to engage in therapeutic family counseling with the focus on co-parenting with an appropriate ' rofessional. The arties have a eed t p p gr o communicate and choose a professional wrthin ten days of today's date. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. i 5. Holidays: Tlie pazents shall arrange the holiday schedule as agreed upon. In the absence of ' agreement, the parties shall adhere to the holiday schedule as attached. ' 6. Each parent shall have one uninteirupted week of vacation with the Children per yeaz. The requesting pazent shall give the other parent 10 days advance notice of the requested time and this vacation week shall supersede the regulaz physical custody schedule. In the event the parties schedule conflicring 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 tlus vacation time by mutual agreement. 7. In the event the custodial pazent 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 rea.ched. 8. Neither pariy 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. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. The parties ha.ve the option of contacting the assigned conciliator within 120 days of today's date to schedule a status conference if necessary. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, r J. Distribution: Max Smith, Esquire William Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 Aaron Skurzynski, 506 Barry Ct., Mechanicsburg, PA 17050 John J. Mangan, Esquire TRUE CE?PY FRUlS RECQRD In Te ~s~ ot~ r»~ hend and ~o set ff^% Thls 20 .tf.~G. t~ i TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Da 1 Half From 9 am until3 m Father Mother Easter Da 2A Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Ind endence Da From 9 am until9 m Father Mother Labor Da From 9 am until9 m Mother Father Halloween From one hour before trick or Father Mother trea.ting to one hour after trick or ~ tr Thanksgiving 1 From 8 am Thanksgiving Day to 2 Father Mother Ha1f on Thanks 'vin Da I Thanksgiving 2n From 2 pm on Thanksgiving Day to Mother Father half noon the da. after Thanks 'vin Da Christmas 1s'Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Ha1f From noon on 12/25 to noon on Mother Father 12/26 New Yeaz's From 6 pm 12/31 until noon January Mother Father 1" (with the 12/31 year to control the even/odd determination Mother's Da From 9 am until 9 m Mother Mother Father's Da From 9 am until9 m Father Father AARON JOHN SKURZYNSKI, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CLJMBERLAND COUNTY, PENNSYLVANIA v. . No. 10-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, : iN CUSTODY Defendant . Prior Judge: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE UF 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 Cunently in the Custodv of Alexander James Skurzynski 02/12/1995 Primary Mother Ethan Jarod Skuizynski 01/13/1997 Primary Mother Emily Renada Skurzynski 06/18/1998 Primary Mother Chloe Annabella Skurzynski 08/05/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03, 2010, an Order issued July 21, 2010 and a conference was held August 24, 2410 with the following individuals in attendance: The Mother, Michelle Skurzynski, with her counsel, Jessica Lowe, Esq. The Father, Aazon Skurzynski, with his counsel, William Felker, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John an Esquire Gust y C ciliator IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ~ N ~ C ° AARON JOHN SKURZYNSKI . z~ p rn ~ Plaintiff : ;7= : NO. 10-2689 CIVIL TERM r~ v. : CIVIL ACTION - LAW ' ~>ca :x C:)-n : =c~ c~ MICHELLE LYNN SKURZYNSKI : 3> ,.c= 7' -p+`'' Defendant : IN DIVORCE/CU5TODY/VISITATION 4 N PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.RC.P 1920.43 AND NOW comes plaintiff, Aaron John Skurzynski, by his attorney, William C. Felker, Esquire, and respectfully submits as follows: 1. Plaintiff is Aaron John Skurzynski, who currently resides at 139 Pleasant Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Michelle Lynn Skurzynski, who currently resides at 139 Pleasant Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. A divorce complaint was filed by Plaintiff on Apri122, 2010. 4. From January 2010 till October 2010 Plaintiff resided outside the marital residents. 5. Since April 19, 2010, Plaintiff had been under Order of Court to pay Defendant a mortgage contribution for the parties' martial residence located at 139 Pheasant Grove Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. Plaintiff had paid all mortgage payments in full up to and including the month of Mazch 2010. 7. Defendant had failed to make a single mortgage payment since Plaintiffs last mortgage payrnent. 170. DU~ l~ f~ 8. The martial residence went into foreclosure and was scheduled for sheriff's sale on March 2011. 9. In October 2010 the parties attempted reconciliation and Plaintiff moved make into the ~ martial residence. 10. Plaintiff through refinancing was able to save the martial residence; however, late fees and other charges resulted in the mortgage being greater than the value of the residents. 11. The parties' relationship again deteriora.ted. 12. Defendant in September 2011 had Plaintiff anested for assault and harassment and filed for a PFA. 13. During the hearing on the PFA, Defendant admitted to falsifying the allegations in the complaint. 14. Defendant also coached the parties' youngest child to falsify testimony during the PFA hearing. 15. The PFA was dismissed. 16. The harassment and assault charges resulted in the court ordering that each party is restricted from certain areas of the martial residence. 17. Defendant continues to attempt confrontation with Plaintiff and has indicated that she has called the police. 18. Plaintiff is fearful that this type of behavior will continue and will result in Plaintiff being arrested again and forcing him to defend against Defendant's lies. 19. Plaintiff s employment with the United States Government requires him to maintain a security clearance. 20. A poor credit report, bankruptcy, foreclosure or criminal charges would likely result in Plaintiff losing his security clearance and subsequently his employment. 21. Defendant has already caused the repossession of the parties' van, resulting in Plaintiff's accounts being "frozen", loss of banking privileges and an inquiry by his employer. 22. Plaintiff is best fit to ensure that the home won't go back into foreclosure. 23. Plaintiff has simultaneously filed with this Perition a Petitioner for Modification of Custody. 24. Defendant's behavior and cleaz anxiety has created an unbearable environment for Plaintiff and the parties' four children. 25. Pennsylvania Rule of Civil Procedure 1920.43 provides as follows: Rule 1920.43. Special Relief (a) At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of rea1 or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an interim order removing Defendant from the martial residence, and granting Plaintiff sole possession of the martial residence so that he may protect the martial residence from foreclosure, protect his employment and maintain a secure and comfortable environment for his children. Respectfully submitted, ! t ~ ~ November 14, 2011 Wm. C. Felker, Esquire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. G CJ'f November 14, 2011 - on s ' CERTIFICATE OF SERVICE AND NOW, this 2nd day of September, 2010, I William Felker, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.RC.P 1920.43 by depositing a certified copy of the sa.me in the United States mail, postage prepaid and addressed as follows: Michelle Skurzynski 139 Pleasant Crrove Road Mechanicsburg PA 17050 ~ m. C. Felk , Esquire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE LYNN SKURZYNSKI, , DEFENDANT NO. 10-2689 CIVIL X rn C:D z-n F ORDER OF COURT c$ ?° -t AND NOW, this 16th day of November, 2011, upon considerat ion of 49n = o-n ' M Skurzynski s Petition for Special Relief, X _ IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Michelle Skurzynski to show cause why the relief requested by Aaron Skurzynski should not be granted; 2. Michelle Skurzynski will file an Answer to the Petition on or before December 2, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Michelle Skurzynski files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. By the Court, M. L. Ebert, Jr., J. William Felker, Esquire Attorney for Aaron Skurzynski r^GQ O,pie,5 Michelle Skurzynski, Pro Se I?Il1l 139 Pleasant Grove Road 4 Mechanicsburg, PA 17050 bas AARON JOHN SKURZYNSKI IN THE COURT OF COMMON PLEAS OF {- _ PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI43 .._ _ rnclj z:M C3 ? M-2 "Cl V. =;Wu D i-n 2010-2689 CIVIL ACTION LAW ? cn ? MICHELLE LYNN SKURZYNSKI C) -,? _X - IN CUSTODY c < -;r i DEFENDANT c-n ORDER OF COURT AND NOW, Thursday, November 17, 2011 , 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, December 27, 2011 at 1:00 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/ john j. Mandan, -fr., Esq., 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 ??? e IeV Telephone (717) 249-3166 eer?. C,op yy ZreW two - A i IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff NO. 10-2689 CIVIL TERM c~ ~ v. : CNIL ACTION -LAW ~ ~ cn rn • r~ -~ rcz MICHELLE LYNN SKURZYNSKI : ~': J ` -~ , Defendant : IN DIVORCE/CUSTODY/VISITATION ~ cr, . ~ . ~, _~ w ~j''F w PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P 1920.43 AND NOW comes Plaintiff, Aaron John Skurzynski, by his attorney, William C. Felker, Esquire, and respectfully submits as follows: 1. A divorce complaint was filed by Plaintiff on April 22, 2010. 2. Since April 19, 2010, Plaintiff has been under Order of Court to pay Defendant a mortgage contribution for the parties' martial residence located at 139 Pheasant Grove Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff has paid all mortgage payments in full up to and including the month of March 2010. 4. Defendant has failed to make a single mortgage payment since Defendant's last mortgage payment. 5. The martial residence is now in foreclosure. (see exhibit A hereto attached). 6. Plaintiff s employment with the United States Government requires him to obtain a security clearance. 7. A poor credit report, bankruptcy and/or foreclosure would likely result in Plaintiff losing his security clearance and subsequently his employment. 8. Defendant has already caused the repossession of the parties' van, resulting in Plaintiff's accounts being "frozen", loss of banking privileges and an inquiry by his employer. 9. The equity in the martial residence is the only significant marital asset the parties' have. 10. If the martial residence is foreclosed on, any significant martial property will be disposed of. 11. Plaintiff can obtain the necessary funding to stop the foreclosure of the martial residence. 12. Pennsylvania Rule of Civil Procedure 1920.43 provides as follows: Rule 1920.43. Special Relief (a) At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an interim order removing Defendant from the martial residence, and granting Plaintiff sole possession of the martial residence so that he may protect the martial residence from foreclosure and protect his employment. Respectfully submitted, 1 September 2, 2010 Wm. C. Felker, Esquire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 I verify that the statements made in this Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. September 1, 2010 A o kurzynski Phelan llallinan cit. chmieg, I,L,P 1,awrence~T: Phelan Esq., Id. No. 32227 Francis S. Hallman„F„sq., 1d. No. 62695 llaniel G. Schmieg,'sq., 1d. No. 62205 Michele M. Bradfol, Esq., )d. No. b9$49 Judith "1'. Romano, esq., Ic1. Na. 5$745 Sheetal R. Shah-Jane, Esq., Id. No. 81760 Jenine R. Davey, Ems., ld. No. 87077 Lauren R. Tabas, Esp., ld. No. 93337 Vivek SrivTStava, 1: sq., ld. No. 202331 Jay B. Jones, F.,sq., I~1. Na. $6657 Peter J. Mulcahy, t:sq.> ld. Na. 61791 Andrew L. SgivacksEsq., ld. No. 54439 Jaime McGuinness, esq., ld. No. 90134 Chrisovalante P, Fii~llcos, )asq., ld. No. 94620 Joshua I. Goldman, sq,, Id. No. 20504? Courtenay R. Dunn,"Esq., 1d. No. 206779 Andrew C. Brarnble~t, Esq., ld. No. 20$375 1617 JhK Boulevard, Suite 1400 One Penn Center Plaza Philadetghia, PA 1~)l03 215-563-7000 244373 WELLS FARCiC) BANK, N.A. 3476 STA~~;V)E1lV BOULEVARD FORT MILL,, SC 29715 I'Iainti#~` Y AARON J. SKURZYNSKI 139 PLEASANT GROVE ROAD M1C'IIANICSI~URG, PA 17050-1529 T7efendant AT'CORNEY FOR PLA1N"1'1FF COURT OF COMMON PI,IAS CIVIL DIVISiC)N TERM NO. ~ ~ - ~$'~ ~ i v i t ~ PIN CUMI3ERI..AND CO(1NTY ['IVIXI AC"TIt~N - I.A'W C't7MPl.AIN"I' IN M()RTC.AC:F Ft)RF.C'.I,f)SE tRI+: TRUE CC~P'Y FROM RECOR© b'11tstN~on~r whored. t hat ut~o set my t+se~d arx! the sesl d srd Car~sie, Ps. Filc a; 2aa;3a", NUTICE :~ been sued in Court. I:f you wish to defend against the claims set forth in the 'you must take action within twenty (20}-days after this Complaint and Notice °~?~ring a written appearance personally or by attorney and tiling in writing with °tenses or objections to the claims set forth against you. You are warned that if .the case may proceed without you, and a judgment may l?e ertered against you ~i)ut further notice for any money claimed in the Complaint or for any other .c~ticsted by the plaintiff. You may lose money or property or other rights t~)tJLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO . ' a~iWYER, GO TO OR TELEP'I~ONE THE OFFICE SET FC>RTI~I BEi.,OW~. ~ ~~~~ YRO'1~IDE YOU WITH INFORMATION ABOU"I" HIRING A LA WYF.R. ~ z ~.' (~:A~I`~NOT AFFORD TO HIRE, A LAWYER, 'I'RIS OFFICE MAYBE ABLE C ~~.3 'W1'I'I-I INFORMATION AI30UT AGENCIES THA"I, MAY OFFER ~~ ~~ ~`1(~F;S '~hO EL.IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY ~ REFERRAL CUMBERT..AND COUNTY BAR ASSOCiA"T'ION CUMBERLAND COt.3N't'Y COURTTTOUSE 2 LIBERTY AVENUE CARLISLE, PA 17QI3 (7l7}249-31G6 IS00}99U-91U8 1. Plaintiff` WELLS LARGO BANK, N.A. 3476 STS"I'EVIEW I3Oi1I,I:VARD FORT M{LL, SC 29715 2. `l~he names) and Iast known address{es) of the Defendant{s) are: AARON ,~. SKURLYNSKI 139 PI.,EASAN`I' GROVE ROAD MECHANICSBURG, PA 17054-1529 who is/ar~ the mortgagor{s) andlor real owner(s) of the property hereinafter described. 3, On 08i13i"21108 mortgagor{s} made., executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE, ELECTRONIC REGISTRATION SYSTEMS, 4 5. INGORPt)RATED AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 2008285$8. ~I`he PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment{s}, if any, are matters of public record and are incorporated herein by deference in accordance with Pa.R.C.P. 10 i 9(g); which Rule relieves. the Plaintiff fibom its obligations to attach documents to pleadings if those documents are of public retard. "I'he premiies subject to said mortgage is described as attached. I~he mortgage is in defauft because monthly payments of principal and interest upon said mortgage clue 04/01/2010 and each month thereafter are due; and unpaid, and by the terms of said mo~-t;g~:~e, upon failure of mortgagor to make such payments a#`ter a date specif ed by written''notice sent to Mortgagor, the entire principal balance and all interest due thexreon ark ccallectible forthwith. 5. "1°he foil ?. ing amounts are due on the mortgage: pal Balance 10112010 through 07/10/2010 (Per Diem $36.23) torney's Fees unulative Late Charges 0811312008 to 07/10/2010 aperty inspectionslProperty (reservations -sts of Suit and 7`itle Search }.crow Credit `rort~~, $18$,925.77 $4,734.37 $650.00 $191.61 $30.00 $~~ $195,0}31.75 1~~~ $ l 94,3$x.35 Plaintiff is not seeking a judgment of personal liability (ar an in pe~r~nam judgment) against the I3efendant{s) in the Action, however, Plaintiff reserves its right to bring a separate fiction to establish that right, if such right exists. If Defendant(s) hasihave received a discharge of persona} liability in a bankruptcy proceeding, this Action of Mortgage',Foreclosure is in no way an attempt to reestablish such persona) liability dischargrti in bankruptcy, but only to foreclgse the mortgage and sell the mortgaged premises pursuant to Pennsylvania L.a~v. Notice of intention to Foreclose as set forth in Act 6 of i 974, Notice of Homeowner's Assistance Program pursuant to rlct 9l of 1983, as amended in 1998, andlor Notice o#'efault as required by the mortgage document, as applicable, have been sent to the Defenlant(s~ on the date(sj set Forth thereon, and the temporary stay as provided by said notic;~ has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an autl~oriLed consumer credit counseling abency, or haslhave been Ficnied assistance by the Pennsylvania Housing Finance Agency. t=ile #~ 244373 ";<intiff demands an in rem judgment against the Dt~f~:ndant(s) in the sum of Esther with interest from 07110!2010 at the rate of $36.23 per diem to the daft of . ~ts~cr costs, fees, and charges collectible under the mortgage and for ih~: ;c~ :,ale of the mortgaged }~IALLINAN ~"c 5CHMIEG, LI,P By: Lawrence T. Phelan, Esq., Id. Na. 7 ^ Francis S. Hallinan, Esq., Id. Na. 62695 ^ Daniel G. Schmieg, Esq., Id. No. b2205 ^ Michele M. Bradford, Esq., Id. Na. 69849 ^ Judi T. Romano, Esq., Id. Na. 58745 ^ Sh tal R. Shah-Joni, Esq., Id. Na. 81760 ^ nine R. Davey, Esq., Id. No. 87077 Lauren R. T'abas, Esq., Id. Na. 93337 ^ Vvek Srivastava, Esq., Id. Na. 202331 ^ Jay B. Janes, F:sq., Id. Na. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 6I 791 Andrew L. Spivack, Esq., Id. Na. $4439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisavalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. Na. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. Na. 208375 Attorneys far Plaintiff i,EGAL DESCRIP'1'InV ,~ i~r'~l~i"~ lot of ground situate in the 'T'ownship of Silver Spring, C'aunty of ',i.zte of Pennsylvania, bounded and described as follows, to wit: ? ~ -~t paint in the center line of Township Route No. 595, said paint being r -'°~~rdly a distance of 983.16 feet from the center line intersection nf'"Township ~~~~d 595; thence along the center line of "Township Route No. 595, South 58 ~„ _~~ East, 50.43 feet to a point; thence continuing along the center line of ~cj. 595, Snuth 53 degrees 12 minutes East, 99.57 feet to a point; thence along 14~tc af`I). S. Panrman and Helen E. Pnorman, his wife, South 31 degrees 3fi ~n~~s West, 177.69 feet to a stake; thence along land of same, North 58 degrees 16 f~ f~;et to a stake; thence along land now ar formerly of Edwin S. Metzger, North rr~ates 1`ast, 186.4$ feet to a paint in the center line of "Township Kaute No. 595, • :. ~ "vN1NG. i3Jl++C;T' to easements and restrictions of record. r ~~ ~~ ,a.~d numbered as 139 Pleasant Grove :Road, Merhanirsburg, Pennsylvania. ~, °~~ ~. 3-14-0850-009 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is autside~the jurisdiction of'the Court and/or the verification could not be obtained within the time allowed for tf~e tiling of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c~~ and that the statements made in the foregoing Civil Actlon in i~lortgage Foreciasure arc based upon inft~rmation supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. 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CERTIFICATE OF SERVICE AND NOW, this 2nd day of September, 2010, I William Felker, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P 1920.43 by depositing a certified copy of the same in the United States mail, postage prepaid and addressed as follows: Max J. Smith Jr. Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 b Wm. C. Felker, Esqu ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 11 AARON JOHN SKURZYNSKI, Plaintiff V. MICHELLE LYNN SKURZYNSKI, Defendant Prior Judge: M.L. Ebert, Jr., J. AND NOW this 4i? day of January 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2689 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Aaron John Skurzynski, and the Mother, Michelle Lynn Skurzynski, shall have shared legal custody of Alexander J. Skurzynski, born 02/12/1995, Ethan J. Skurzynski, born 01/13/1997, Emily R. Skurzynski, born 06/18/1998 and Chloe A. Skurzynski, born 08/05/2000. 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. Physical Custody: In light of the fact that Mother and Father currently live in the same residence, the parents shall arrange custody by agreement. In the event that Mother and Father no longer live together, the parents shall arrange custody by agreement; in the absence of agreement, or pending further Order of Court, Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Father shall have physical custody of the Children every Wednesday from 6:00 pm until 8:30 pm. b. Commencing 08/27/10, Father shall have physical custody of the Children three weekends in a row from Friday 4:30 pm until Monday morning before school. C. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. Furthermore, the parents have agreed to engage in therapeutic family counseling with the focus on co-parenting with an appropriate professional. The parties have agreed to communicate and choose a professional within ten days of today's date. 5. Custody Evaluation: Both parties have agreed to participate in a custody evaluation with an agreed upon professional. Father has agreed to, and shall, bear the financial cost of the evaluation. It is anticipated that Interworks (Deb Salem) be utilized for the evaluation. 6. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 8. Each parent shall have one uninterrupted week of vacation with the Children per year. The requesting parent shall give the other parent 10 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. 9. 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. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. The parties have the option of contacting the assigned conciliator within 120 days of today's date to schedule a status conference if necessary. 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, tQ terms oi6 this Order shall control. _Ux - rn - ?• r- r -<> Ica By the Court, F- x. Y C r0 Distribution: William Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 Lee Oesterling, Esq., 503 Bridge St., Ste 212, New Cumberland, PA 17070 John J. Mangan, Esquire 6p?re rn?,led I/t1lia TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 pm until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 m Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Day Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1 st (with the 12/31 year to control the even/odd determination) Mother's Day 11 From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 m Father Father AARON JOHN SKURZYNSKI, Plaintiff V. MICHELLE LYNN SKURZYNSKI, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2689 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: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Alexander James Skurzynski 02/12/1995 Primary Mother Ethan Jarod Skurzynski 01/13/1997 Primary Mother Emily Renada Skurzynski 06/18/1998 Chloe Annabella Skurzynski 08/05/2000 Primary Mother Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03, 2010, an Order issued July 21, 2010, a conference was held August 24, 2010, an Order issued September 07, 2010 and a conference was held December 27, 2011 with the following individuals in attendance: The Mother, Michelle Skurzynski, with her counsel, Lee Oesterling, Esq. The Father, Aaron Skurzynski, with his counsel, William Felker, Esq. The parties agreed to the entry of an Order in the form as attached. 46)1? --3 -%-_ Date John gan, squire Cu od onciliator AARON J. SKURZYNSKI, Plaintiff/Respondent VS. MICHELLE SKURZYNSKI, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE • C--) c o r, +3 NO. 10-2689 CIVIL TERM -OZ ;Z; --? IN DIVORCE z m PACSES Case No: 913111664 CAr ern rte-- <? zc? ORDER OF COURT _ °' ?'X z rn -S co ;z AND NOW to wit, this 3rd day of January 2012, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the parties' incomes, the parties residing in the same household with their four dependant children, and the Respondent paying the household expenses of the marital home. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: M. L. E rt, r., J. DRO: R.J. Shadday xc: Petitioner Respondent Lee E. Oesterling, Esq. William C. Felker, Esq. Form 0E-001 Service Type: M Worker: 21005 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff v NO. 10-2689 CIVIL TERM CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI Defendant : IN DIVORCE/CUSTODY/VISITATION ORDER AND NOW, this 1I th day of Mtrc? , 2012, upon the stipulation of the parties, it is hereby Ordered and Decreed that Plaintiff is hereby granted sole and exclusive possession of the martial residence until the parties distribute martial property. BY THE COURT ?Nk t UA ? J. rn r" W - a ' ?J r.3 (V" CS ?/ ? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff c-a NO. 10-2689 CIVIL TERM -03 4 V. : CIVIL ACTION - LAW r-n;g • z? ? ern MICHELLE LYNN SKURZYNSKI <> Defendant : IN DIVORCE/CUSTODY/VISITATION m r) C) _ vc:: r o MOTION FOR APPOINTMENT OF MASTER -` ?' ..,. Property; Alimony. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 2 hours. Aaron Skurzynski, Plaintiff, moves the court to appoint a master with respect to the following claims: Divorce; Distribution of Property; Counsel Fees; Costs and Expenses and in support of the motion states: 1. Discovery is not complete as to the claims for which the appointment of a master is requested. 2. Defendant has appeared in the action by her attorney, Lee E. Oesterling, Esquire. 3. The statutory grounds for divorce are 3301(c) and 3301(d) of the Divorce Code. 4 (a). An agreement has been reached with respect to the following claims: None. (b). The action is contested with respect to the following claims: Divorce; Distribution of Respectfully Submitted, Date: 4/27/12 Wm. C. Felker, Esquire Attorney for Plaintiff P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 -z- ORDER APPOINTING MASTER AND NOW, / _,2012, -4T , Esquir?pafitec i. master with respect to the following claims: r3 C .; -r; By the Court: • ?9 /.. ' J. v?`v Lee le CPp:es p,u.led .3/1 // I je?`L OESTERLING LAW OFFICES 503 Bridge Street, Suite 212 New Cumberland, PA 17070 (717) 635-9641 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff/Respondent V. MICHELLE LYNN SKURZYNSKI Defendant/Petitioner C> No. 201 D-2689 c -O :r X rT1 X Civil Action-Petition to Modify Child Custody Mc-, PETITION TO MODIFY CHILD CUSTODY 1. Petitioner is Michelle Lynn Skurzynski, Defendant in the underlying action 2. Respondent is Aaron John Skurzynski, Defendant in the underlying action. 3. On January 4, 2012, a Recommended Order was entered by the Honorable M.L. Ebert regarding custody of the parties minor children. A copy of that Order is Attached hereto as Exhibit "A." 4. Michelle Skurzynski seeks modification of the Order due to existing and changed circumstances for the following reasons hereinafter outlined: (a) Father's work schedule has changed such that he is able to exercise partial custody and visitation at times other than the three consecutive weekends that were proposed in the current Order due to Father not originally being available in the evenings. (b) The school year is approaching and Mother as primary custodian believes it is the children's best interest to expand her time on the weekend to allow for her to engage in and facilitate activities for the children outside of their school schedule. ?i D d?? 5. The Court in modifying said Order for the aforementioned reasons will serve the best interest of the children. WHEREFORE, petitioner prays this Court to grant the modification of the existing Custody Order. Respect9ll submitted, . Oesterling, Esquire e E upreme e Court I.D. #71320 503 Bridge Street, Suite 212 New Cumberland, PA. 17070 (717) 635-9641 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Petition to Modify are true and correct. I understand that false statements herein are made ?worn falsification to autiities. subject to the penalties of 18 Pa.C.S. § 4904, relatingZeV AARON JOHN SKURZYNSKI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C -n 3 V. 2010-2689 CIVIL ACTION LAW =w M (17 ? MICHELLE LYNN SKURZYNSKI IN CUSTODY DEFENDANT ? ORDER OF COURT N G.: G") i AND NOW, Wednesday, August 01, 2012 , upon consideration of the attached Comp] it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the cc at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 31, 2012 at 9: for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disl if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a terr 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 Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ? john j. Mangan, , jr., Esq. Custody Conciliator r ?r Fri -a c--, iliator, AM ; or The Court of Common Pleas of Cumberland County is required by law to comply with the Ame icans 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 NO 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. `I D l7 n / wl? (o7/2. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-2689 CIVIL ACTION LAt?6 MICHELLE LYNN SKURZYNSKI IN CUSTODY " Defendant q Prior Judge: M.L. Ebert, Jr.,J. � ORDER OF COURT ` AND NOW this day of May 2013, upon consideration'of the attached Custody ~, Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Aaron John Skurzynski, and the Mother, Michelle Lynn Skurzynski, shall have shared legal custody of Ethan J. Skurzynski,born 01/1.3/1997, Emily R. Skurzynski,born 06/18/1998 and Chloe A. Skurzynski,born 08/05/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including,but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including,but not limited to, medical, dental, religious or school records,,the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Absent mutual written agreement otherwise or further Order of Court,the parents shall arrange physical custody of the Children as follows: a. In regard to Emily and Chloe, the parents shall share physical custody on a week on/week off basis from Friday 6:00 pm until the following Friday 6:00 pm to commence with Father's week beginning Friday May 17, 2013. During a parent's non-custodial week, the non-custodial parent shall have custody Tuesday from 4:00 pm until 8:00 pm. Due consideration is to be given by the parents in regard to the girls' desire to spend time with either parent. Mother shall have the right of first refusal with the girls if she is not working and Father is. b. In regard t6 Ethan, Father shall have primary physical custody subject to Mother's partial physical custody as the parties may agree with due consideration given to Ethan's desire to spend time with Mother. C. To the extent possible, the Children shall attend their regularly schedule extra- curricular events when they are in their custodial parents' custody. d. In regard to the custody exchanges, absent agreement otherwise, the custodial parent shall drop the Children off to the other parent at the designated times. e. The parents may alter the above schedule by written mutual agreement. 4. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. It is strongly encouraged that Mother and Ethan also engage in counseling to address parent/child conflict and/or reunification therapy. Furthermore, the parents are encouraged to engage in therapeutic family counseling with the focus on co-parenting with an appropriate professional. 5. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement,the parties shall adhere to the holiday schedule as attached. 7. Each parent shall have one uninterrupted week of vacation with the Children per year to be taken over their.respective custodial week. The requesting parent shall give the other parent 10 days advance notice of the requested time. 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 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. 9. 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. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. The parties have the option of contacting the assigned conciliator within 90 days of today's date to either schedule another conciliation or to have the conciliator recommend an Order scheduling this matter for a hearing without conciliation. 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. By the Court, j9p'stfibution: .,.-1'VjAliam Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 .11011�1 $sica Lowe, Esq., P.O. Box 650, Hershey,PA 17033 /'John J. Mangan, Esquire C Azek t s�3�/13 TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter From Friday 6 pm until Sunday 6 pm Father Mother Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving From Wednesday 6 pm until Sunday Father Mother 6 pm Christmas ls'Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father I"(with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 6 pm Mother 1 Mother Father's Day From 9 am until 6 pm Father Father AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-2689 -CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. 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 Custody Ethan Jarod Skurzynski 01/13/1997 Primary Father Emily Renada Skurzynski . 06/18/1998 Primary Mother Chloe Annabella Skurzynski 08/05/2000 Primaryi"i4other 2. A Conciliation Conference was held with regard to this matter on June 03, 2010, an Order issued July 21, 2010, a conference was held August 24, 2010, an Order issued September 07, 2010, a conference was held December 27, 2011, an Order issued January 04, 2012, a conference was held August 31, 2012, a conference calLwas made September 07, 2012, multiple calls were made by the undersigned with thq--Children's counselors, a custody evaluation was completed March 20, 2013 and a coAerence was held May 07, 2013 with the following individuals in attendance: The Mother, Michelle Skurzynski, with her counsel,Jessica Lowe, Esq. The Father, Aaron Skurzynski,with his counsel, William Felker, Esq. 3. The undersigned recommends the entry of an Order in the form as attached as it is believed to be in the Children's best interest. Date John J. )Aang , Esquire Custo#Co/ciliator IN THE COURT OF COMMON PLEAS,CUMBERLAND COUNTY,PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff NO. 10-2689 CIVIL TERM e, ' V. : CIVIL ACTION - LAW C= — --� ff -o w : .rn = mF MICHELLE LYNN SKURZYNSKI = -OM Defendant : IN DIVORCE/CUSTODY/VISITATION -<� N �C:7 -0 CD-i, TA?CD N may. MOTION TO DISMISS DEFENSE OBJECTIONS MOTION TO COMPEL DISCOVERY REQUEST FOR SANCTIONS AND NOW comes Plaintiff,Aaron John Skurzynski, by his attorney, William C. Felker, Esquire, and respectfully submits as follows: 1. A divorce complaint was filed by Plaintiff on April 22, 2010. 2. On February 5, 2013 defendant's counsel sent interrogatories and a production of documents request to plaintiff's counsel. 3. After failing to gather all of the information requested within 30 days, counsel for Plaintiff on March 9, 2013,received a letter, dated March 7, 2013, from defense counsel threatening to seek sanctions for failing to comply with defendant's discovery request. 4. On March 27, 2013, Plaintiff provided full discovery. 5. On March 28, 2013 Plaintiff's counsel sent interrogatories and a production of documents request to defendant's counsel. 6. On May 2, 2013 plaintiff's counsel received an email from defense counsel stating: "I have conferred with my client, and she informs me that she expects to have the documents delivered to my office within one week. I will then need some time to review and organize her responses. Are you agreeable to a two week extension?" Plaintiff's counsel did not object. 7. On May 13 and 17, 2013, Plaintiff's counsel emailed defense counsel asking if defendant had provided discovery to defense counsel. 8. Plaintiff s counsel received no response to its inquires of May 13 and 17, 2013,until May 21,2013,when plaintiffs counsel received an email from defense counsel stating: "I have promptly forwarded all of your communications concerning discovery to Ms. Skurzynski and am awaiting a response from her. I do not have anything in my possession that I am able to produce." 9. On May 22, 2013, Plaintiff s counsel emailed defense counsel a copy of defense counsel's March 7, 2013 letter and suggested that she forward it to defendant. That same day Plaintiffs counsel received an email response from defense counsel stating: "Understood. I have forwarded your email to my client." 10. On May 23, 2013, Plaintiffs counsel emailed defense counsel offering to extend the time to provide for discovery till June 3, 2013. 11. Sometime during the week of June 3, 2013, Plaintiffs counsel received from defense counsel: General Objections and Defendant's Answers to Interrogatories. 12. On June 10, 2013, Plaintiff's counsel received from defense counsel partial bank statements. 13. On or about June 13, 2013, Plaintiff's counsel received from defense counsel partial and redacted medical records. 14. After reviewing the discovery provided by the defense, Plaintiff s counsel, on June 10, 2013, emailed defense counsel a list of questions concerning the lack of answers and missing pages from Defendant's Answers to Interrogatories and lack of documents produced and missing pages from the Request for Production of Documents. Plaintiff's counsel also questioned why relevant information had been redacted from some the documents produced. 15. Around June 13, 2013, Plaintiff's counsel spoke with defense counsel and asked about the missing discovery. Defense counsel informed Plaintiff's counsel that she forwarded Plaintiff's counsel's June 10, 2013 email to defendant. Defense counsel also indicated that further production of discovery was unlikely. 16. Defense objections are broad and arbitrary and provide no specific objections to any question or document. 17. Plaintiff's discovery requests nearly mirrored that of defendant's discovery requests. 18. Plaintiff has incurred counsel fees in excess of$750.00 for the process of trying to amicable obtain discovery from defendant and for the preparation and presentation of this Motion to Dismiss Defense Objections; Motion to Compel Discovery; and Request for Sanctions. WHEREFORE,Plaintiff respectfully requests this Honorable Court to grant the following: 1. An Order dismissing Defense Objections. 2. An Order requiring Defendant to provide all requested discovery in its entirety. 3. An Order that the matters regarding which the questions were asked shall be taken to be established in accordance with the claim of Plaintiff. 4. An Order refusing to allow Defendant to support or oppose claims or defenses, from introducing evidence and testimony, and from introducing evidence of physical condition. 5. An Order requiring Defendant to pay to Plaintiff the sum of$750.00 within 30 days from the date the Order is entered on the docket. June 21, 2013 Wm. C. Felker, Esquire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 CERTIFICATE OF SERVICE AND NOW, this 21 st day of June, 2013, 1 William Felker, Esquire, Attorney for Plaintiff,hereby certify that I have this day sent a copy of Motion To Dismiss Defense Objections, Motion To Compel Discovery and Request For Sanctions by depositing a certified copy of the same in the United States mail,postage prepaid and addressed as follows: Jessica E. Lowe James, Smith, Dietterick& Connelly LLP P.O. Box 650 Hershey,PA 17033 C-- r-z Wm. C. Felker, Esquire ID # 67999 P.O. Box 1401 Camp Hill, PA 17001 717-512-0647 AARON JOHN SKURZYNSKI, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • MICHELLE LYNN SKURZYNSKI,: DEFENDANT : NO. 10-2689 CIVIL ORDER OF COURT AND NOW, this 8th day of July, 2013, upon consideration of Plaintiff's Motion to Dismiss Defense Objections, Motion to Compel Discovery and Request for Sanctions, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Michelle Lynn Skurzynski, to show cause why the relief requested should not be granted; 2. Defendant, Michelle Lynn Skurzynski, shall file an Answer to the Rule on or before July 29, 2013; 3. After receipt of the Defendant's Answer, the Court will determine if a hearing or argument is necessary. By the Court, M. L. Ebert, Jr., J. C William C. Felker, Esquire 7.) Attorney for Plaintiff mco ;-.-, cnr- .- Jessica E. Lowe, Esquire -<> Attorney for Defendant bas 5` ! - //2 Max J. Smith, Jr., Esquire 4 Attorney I.D. #32114 Jessica E. Lowe, Esquire Attorney I.D. #208041 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: jel@jsdc.com AARON JOHN SKURZYNSKI, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2010-2689 CIVIL TERM MICHELLE LYNN SKURZYNSKI, : CIVIL ACTION - LAW Defendant/Respondent. : IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO DISMISS DEFENSE OBJECTIONS, MOTION TO COMPEL DISCOVERY AND REQUEST FOR SANCTIONS AND NOW COMES the Defendant/Respondent MICHELLE LYNN SKURZYNSKI,by her attorney, Jessica E. Lowe, Esquire, and respectfully responds to said Motion as follows: 1. Admitted. 2. Admitted. 3. Admitted; however, no sanctions were sought by Defendant. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Defendant lacks knowledge as to when her discovery responses were received by Plaintiff's counsel. Defendant's discovery responses were sent to counsel for Plaintiff on June 3, 2013. 12. Admitted. 13. Admitted, with clarification. To the extent that Plaintiff is stating that this production of medical records is insufficient, this allegation is denied. Defendant has provided all medical information that is relevant to this case. Additional requests for medical records would be nothing more than a fishing expedition by Plaintiff. 14. Admitted, with clarification. The email sent by Plaintiff's counsel on June 10, 2013 was unnecessarily hostile and accusatory. By way of further response,many of the documents requested by Plaintiff are already in Plaintiff's possession. 15. Admitted in part and denied in part. It is admitted that counsel spoke on June 13, 2013 in which counsel for Defendant represented that she had forwarded Plaintiff's counsel's email to Defendant. It is denied that counsel for Defendant stated that further production of documents was "unlikely." At the time of that conversation, counsel for Defendant had not received further documents from her client, so it would have been true that production was not likely at that time. However, it would not have been logical for Defendant's counsel to make such a representation about the future indefinitely. Additional production of documents is being sent to Plaintiff's counsel contemporaneously with the service of this Answer. 16. Denied. Paragraph 16 is overly broad and fails to specifically identify the allegedly inappropriate objections. Many of Defendant's objections were narrowly-tailored to specific requests. 17. Paragraph 17 does not contain an allegation to which a response is required. The parties' discovery requests are documents that speak for themselves. 18. Defendant lacks knowledge as to the truth of the allegation in Paragraph 18. Strict proof thereof is hereby demanded. WHEREFORE, Defendant hereby respectfully requests that Plaintiff's Motion to Dismiss Defense Objections, Motion to Compel Discovery and Request for Sanctions be DISMISSED with prejudice. Respectfully submitted, Date: July 29, 2013 a:601,b JA :. L t E, Esquire I 20:141 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AARON JOHN SKURZYNSKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2010-2689 CIVIL TERM MICHELLE LYNN SKURZYNSKI, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, JESSICA E. LOWE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion to Dismiss Defense Objections, Motion to Compel Discovery and Request for Sanctions upon the following below-named individual(s)by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania on the 29th day of July, 2013: William Felker, Esquire P.O. Box 1401 Camp Hill, PA 17001 JSDC Law Offices — i' CA E LO i E, Esquire A army I.D. =208041 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Defendant AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE LYNN SKURZYNSKI,: DEFENDANT : NO. 10-2689 CIVIL ORDER OF COURT AND NOW, this 2nd day of August, 2013, upon consideration of Plaintiff's Motion to Dismiss Defense Objections, Motion to Compel Discovery and Request for Sanctions, the Defendant's Answer thereto after complete review of the file; IT IS HEREBY ORDERED AND DIRECTED that Plaintiffs Motion to Dismiss Objections is GRANTED. Defendant shall provide all requested discovery on or before September 6, 2013. IT IS FURTHER ORDERED AND DIRECTED that no monetary sanction will be ordered at this time, however, should the Defendant fail to comply with this Order a monetary sanction shall be entered. By the Court, M. L. Ebert, Jr., J. v--William C. Felker, Esquire Attorney for Plaintiff r1i ,'"Jessica E. Lowe, Esquire Attorney for Defendant bass r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA., AARON JOHN SKURZYNSKI Plaintiff V. : CIVIL ACTION-LAW T- 75-0 MICHELLE LYNN SKURZYNSKI �,f NO. 10-2689 CIVIL TERM _ Defendant : IN CUSTODY ` PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Petition of Plaintiff,Aaron Skurzynski, respectfully represents that on the 30h day of May, 2013,an Order of Court was entered for custody, a true and correct copy of which is attached. 2. The Order should be modified because: a. Plaintiff is best fit to provide for the parties' children. b. Defendant's behavior while around the children is detrimental to the children's best interest and well being. c. Defendant is not following recommendations made in the parties' custody evaluation. WHEREFORE,Plaintiff requests that the Court order that physical custody of the children be with Plaintiff because it will be in the best interest of the children. Respectfully sub itted, Pt c�A William C. Felker, Esquire ��� Attorney ID: 67999 P.O. Box 1401 Camp Hill, Pennsylvania 17001-1401 (717) 512-0647 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.C.S. § 4904 relating to unsworn falsification to authorities. 12/31/2013 Aaron - nski w IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff V. : CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI NO. 10-2689 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion was served upon the party listed below via first class,United States mail,postage prepaid. Michelle L. Skurzynski c/o Jessica Lowe P.O.Box 650 Hershey,PA 17033 illiam C. Felker, Esquire Attorney for Plaintiff Attorney ID: 67999 P.O. Box 1401 Camp Hill,Pennsylvania 17001-1401 (717) 512-0647 12/31/2013 AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-2689 CIVIL ACTION LAAV MICHELLE LYNN SKURZYNSKI, IN CUSTODY MW Y-n Defendant x -,; W� W �c) Prior Judge: M.L. Ebert,Jr.,J. rr-: o^ ORDER OF COURT C) C-- cs AND NOVA)thus day of May 2013,upon consideration of the attached! ii u Conciliation Report,it is Ordered and Directed as follows: ' 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father,Aaron John Skurzynski,and the Mother,Michelle Lynn Skarzynski, shall have shared legal custody of Ethan J. Skurzyns1d,born 01/13/1997,Emily R. Skurzynski,born 06/18/1998 and Chloe A. Skurzynski,born 08/05/2000. The parties shall have an equal right to make all major non..-emergency decisions affecting the Children's general well-being including,but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including,but not limited to,medical, dental, religious or school records,.the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same, or copies thereof,with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3.. Physical Custody: Absent mutual written agreement otherwise or further Order of Court,the parents shall arrange physical custody of the Children as follows: a. In regard to Emily and Chloe, the parents shall share physical custody on a week on/week off basis from Friday 6:00 pm until the following Friday 6:00 pm to commence with Father's week beginning Friday May 17,2013. During a parent's non-custodial week,the non-custodial parent shall have custody Tuesday from 4:00 pm until 8:00 pm. Due consideration is to be given by the parents in regard to the girls' desire to spend time with either parent. Mother shall have the right of first refasal with the girls if she is not working and Father is. b. In regard to Ethan,Father shall have primary physical custody subject to Mother's partial physical custody as the parties may agree with due consideration given to E_,than's desire to spend time with Mother. C. To the extent possible,the Children shall attend their regularly schedule extra- curricular events when they are in their custodial parents' custody. d. In regard to the custody exchanges, absent agreement otherwise,the custodial parent shall drop the Children off to the other parent at the designated times. e. The parents may alter the above schedule by written mutual agreement. 4. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. It is strongly encouraged that Mother and Ethan also engage in counseling to address parent/child conflict and/or reunification therapy. Furthermore,the parents are encouraged to engage in therapeutic family counseling with the focus on co parenting with an appropriate professional. 5. The non-custodial parent shall have liberal telephoneltextlemail contact with the Children on a reasonable basis. b. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement,the parties shall adhere to the holiday schedule as attached. 7. Each parent shall have one uninterrupted week of vacation with the Children per year to be taken over their respective custodial week. The requesting parent shall give the other parent 10 days advance notice of the requested time. 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 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. 9. 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. 10. In the event of a medical emergency,the custodial party shall notify the other party as soon,as possible after the emergency is handled. 11. Relocation.The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b)the court approves the proposed relocation.. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. The parties have the option of contacting the assigned conciliator within 90 days of today's date to either schedule another conciliation or to have the conciliator recommend an Order scheduling this matter for a hearing without conciliation. 13. This Order is,entere-d-pursuant to a Custody Conciliation Conference. The parties may modify the provis10,jis c f.this gr..derby mutual consent. In the absence of mutual consent,the terms of this Oraez"sha71-canfrol:'-- By the Court, TR�.�=co�`� ��i�tr��o�zu In Tes�tmony wh r. f,kl5 r to:set Y hand and the s of s�yi rG atarHsle;P , 7 A0(04 S)CUrLt 1 I(r , : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA Vs : No. )0 a6c CIVIL TERM VIA -ell C L 5)cJc7yy, S �% , CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD /ABUSE HISTORY VERIFICATION I, AU Sk 7" , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 r (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) cs = n(-0 18 Pa.C.S. §2706 r (relating to terroristic threats) ? 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 r r- (relating to kidnapping) 18 Pa.C.S. §2902 IT (relating to unlawful restraint) 18 Pa.C.S. §2903 IT r (relating to false imprisonment) 18 Pa.C.S. §2910 r IT (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 IT r relating to statutory sexual assault) 17 18 Pa.C.S. §3123 IT r (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 r- (relating to sexual assault) 18 Pa.C.S. §3125 IT IT (relating to aggravated indecent assault) 17 18 Pa.C.S. §3126 fT IT (relating to indecent assault) 18 Pa.C.S. §3127 FT IT (relating to indecent exposure) 18 Pa.C.S. §3129 IT (relating to sexual intercourse with animals) r 18 Pa.C.S. §3130 IT (relating to conduct relating to sex offenders) _ 18 Pa.C.S. §3301 IT (relating to arson and related offenses) 18 Pa.C.S. §4302 IT I (relating to incest) 18 Pa.C.S. §4303 I (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 IT (relating to dealing in infant children) r 18 Pa.C.S. §5902(b) IT (relating to prostitution and related offenses) -- 18 Pa.C.S. §5903 IT (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 I- ll-elating to sexual abuse of children) 18 Pa.C.S. §6318 r (relating to unlawful contact with minor) 18 Pa.C.S. §6320 fT fT (relating to sexual exploitation of children) 7 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) Driving under the F influence of drugs or alcohol Manufacture, sale, r— I delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children &Youth IT IT Agency or similar agency in Pennsylvania or similar statute in another iurisdiction Abusive conduct as defined under the I Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: IT IT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal /abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ig l4irc-v) (1,7 c)(- Printed Name AARON JOHN SKURZYNSKI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday,January 07,2014 , 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, February 04,2014 1:00 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ John J. Mangan,Jr., 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. 474)/1'64 Cumberland County Bar Association �_�f �'/'��, 32 South Bedford Street . Carlisle, Pennsylvania 17013 � rn• Z Nskr• Telephone (717) 249-3166 f,. //071 ‘="1/) C/ i AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-2689 CIVIL ACTION L y MICHELLE LYNN SKURZYNSKI, IN CUSTODY zE . w. e-` Defendant o c Prior Judge: M.L. Ebert, Jr.,J. ORDER OF COURT co x: AND NOW this �� day of February 2014,upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Aaron John Skurzynski, and the Mother,Michelle Lynn Skurzynski, shall have shared legal custody of Ethan J. Skurzynski,born 01/13/1997, Emily R. Skurzynski,born 06/18/1998 and Chloe A. Skurzynski,born 08/05/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including,but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including,but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information,that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Absent mutual written agreement otherwise or further Order of Court, the parents shall arrange physical custody of the Children as follows: a. In regard to Emily and Chloe,the parents shall share physical custody on a week on/week off basis from Friday 6:00 pm until the following Friday 6:00 pm to commence with Father's week beginning Friday May 17,2013. During a parent's non-custodial week, the non-custodial parent shall have custody Tuesday from 4:00 pm until 8:00 pm. Due consideration is to be given by the parents in regard to the girls' desire to spend time with either parent. Mother shall have the right of first refusal with the girls if she is not working and Father is. b. In regard to Ethan, Father-.shall have primary physical custody subject to Mother's partial physical custody as the parties may agree with due consideration given to Ethan's desire to spend time with Mother. C. To the extent possible,the Children shall attend their regularly schedule extra- curricular events when they are in their custodial parents' custody. - d. In regard to the custody exchanges, absent agreement otherwise,the custodial parent shall drop the Children off to the other parent at the designated times. e. The parents may alter the above schedule by written mutual agreement. f. Given some of the Children's lack of academic achievement, each parent is directed to ensure that homework is completed and the Children study for tests when the Children are in the parent's respective custody. L 4. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. Absent further Order of Court or upon the written recommendation of the Children's current counselors, the Children shall continue with their respective current counselors. It is strongly encouraged that Mother and Ethan also engage in counseling to address parent/child conflict and/or reunification therapy. Furthermore, the parents are encouraged to engage in therapeutic family counseling with the focus on co-parenting with an appropriate professional. 5. Custody Evaluation: Deborah Salem performed a full custody evaluation on 03/20/13. Father is requesting an updated evaluation by performed by Ms. Salem. Mother is somewhat reluctant for another evaluation to be performed. As such,the parties are directed to both participate in an updated evaluation by Ms. Salem and Father shall bear the financial cost of said updated evaluation. 6. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 8. Each parent shall have one uninterrupted week of vacation with the Children per year to be taken over their respective custodial week. The requesting parent shall give the other parent 10 days advance notice of the requested time. 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. 9. 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. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. After the updated evaluation has been completed by Ms. Salem, the parties have the option of u directly contacting the assigned conciliator for a conference to discuss what, if any, changes to the current custodial situation is appropriate. 14. 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, J. �liam Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 ,,-'Michelle Skurzynski, 1 Aspen Lane, Carlisle, PA 17015 /6borah Salem, Interworks, 2201 N. Second St., 2nd Floor, Harrisburg, PA 17110 John J. Mangan,yEsq 'ra Pal TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter From Friday 6 pm until Sunday 6 pm Father Mother Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving From Wednesday 6 pm until Sunday Father Mother 6 pm Christmas lst Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2 Id Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1 st (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 6 pm Mother Mother Father's Day From 9 am until 6 prn Father Father AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. 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 Custody o Ethan Jarod Skurzynski 01/13/1997 Primary Father _Emily Renada Skurzynski 06/18/1998 Primary Mother Chloe Annabella Skurzynski 08/05/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03,2010, an Order issued July 21, 2010, a conference was held August 24, 2010, an Order issued September 07, 2010, a conference was held December 27,2011, an Order issued January 04, 2012, a conference was held August 31, 2012, a conference call was made September 07, 2012,multiple calls were made by the undersigned with the Children's counselors, a custody evaluation was completed March 20, 2013, a conference was held May 07, 2013, an Order issued May 30, 2013 and a conference was held February 04, 2014 with the following individuals in attendance: The Mother, Michelle Skurzynski, self-represented party The Father,Aaron Skurzynski,with his counsel, William Felker, Esq. 3. The undersigned recommends the entry of an Order in the form as attached as it is believed to be in the Children's best interest. Date John J.A,4anian, Esquire Custo y nciliator IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA c--., AARON JOHN SKURZYNSKI c- ...„ Plaintiff : NO. 10-2689 CIVIL TERM V. : CIVIL ACTION - LAW i _.<.,---- MICHELLE LYNN SKURZYNSKI : -.3--;-• r--., Defendant : IN DIVORCE/CUSTODYNISITATION ---,',.-- - PETITION FOR EMERGENCY RELIEF AND NOW, COMES, the Petitioner, Aaron Skurzynski, by and through his attorney, William C. Felker, and respectfully avers as follows: 1. Petitioner is Aaron John Skurzynski, who currently resides at 139 Pleasant Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Michelle Lynn Skurzynski, who currently resides at 1 Aspen Lane, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Petitioner and Respondent are the natural parents of three minor children; namely: Ethan Jarod Skurzynski, born 01/13/1997; Emily Renada Skurzynski, born 06/18/1998; and Chole Annabella Skurzynski, born 08/05/2000. 4. On the 10th day of February 2014 the Honorable Judge M.L. Ebert, Jr. signed an Order of Court outlining each parent's custodial periods with the parties children. Attached Exhibit A. 5. Paragraph 3(d) makes it clear that "the custodial parent shall drop the Children off to the other parent at the designated times". 6. Respondent refuses to drop the Children off to Petitioner at the designated times. 7. Petitioner has not had any custodial time with his two daughters since May 23, 2014. 8. Petitioner has made numerous attempts to contact Respondent via email, text messaging and phone calls. 9. Respondent has not responded to any of Petitioner's attempts of communication. 0* 33-5 0141 301.573 10. Petitioner, as required by paragraph 8 of the Court's Order, on March 12, 2014 provided Respondent with his intended vacation week with the Children. 11. Since Respondent refuses to drop the children off during his custodial time, Petitioner believes that Respondent will not drop the children off on for his vacation time. 12. Petitioner in conjunction with this Petition has also filed a Petition for Contempt of Court. 13. Petitioner has incurred counsel fees in excess of $750.00 for the preparation and presentation of this Petition for Emergency Relief and Petition for Contempt of Court. 14. Respondent has consistently, brazenly, and wantonly, defied every Custody Order of this Court since 2010. WHEREFORE, Petitioner, Aaron Skurynski, respectfully request this Honorable Court to Order Respondent, Michelle Skurzynski, to drop the Children off, to Petitioner, for his scheduled vacation time and any other sanctions the Court deems appropriate. Date: 07.15.2014 Respectfully submitted, Attorney for Petitioner William C. Felker, Esquire 67999 P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 I, Aaron Skurzynski, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 07.15.2014 Aaron Skurzynski IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI : Plaintiff NO. 10-2689 CIVIL TERM v. : CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI : Defendant : IN DIVORCE/CUSTODYNISITATION CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition was served upon the parties listed below via first class, United States mail, postage prepaid. Michelle Skurzynski 1 Aspen Lane Carlisle PA 17015 07.16.2014 JIA6: Wiliam C. Fe ker, E quire Attorney for Respondent Attorney ID: 67999 P.O. Box 1401 Camp Hill, Pennsylvania 17001-1401 (717) 512-0647 6 AARON JOHN SKURZYNSKI, Plaintiff v. MICHELLE LYNN SKURZYNSKI, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c.) No. 10-2689 CIVIL ACTION 1,4)t mzrn� IN CUSTODY rZ ORDER OF COURT �C CO X, AND NOW this 1 Ooh day of February 2014, upon consideration of the attached Cust6dy Conciliation Report, it is Ordered and Directed as follows: 0 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Aaron John Skurzynski, and the Mother, Michelle Lynn Skurzynski, shall have shared legal custody of Ethan J. Skurzynski, born 01/13/1997, Emily R. Skurzynski, -born 06/18/1998 and Chloe A. Skurzynski, born 08/05/2000. 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. Physical Custody: Absent mutual written agreement otherwise or further Order of Court, the parents shall arrange physical custody of the Children as follows: a. In regard to Emily and Chloe, the parents shall share physical custody on a week on/ week off basis from Friday 6:00 pm until the following Friday 6:00 pm to commence with Father's week beginning Friday May 17, 2013. During a parent's non-custodial week, the non-custodial parent shall have custody Tuesday from 4:00 pm until 8:00 pm. Due consideration is to be given by the parents in regard to the girls' desire to spend time with either parent. Mother shall have the right of first refusal with the girls if she is not working and Father is. b. In regard to Ethan, Father. shall have primary physical custody subject to Mother's partial physical custody as the parties may agree with due consideration given to Ethan's desire to spend time with Mother. c, To the extent possible, the Children shall attend their regularly schedule extra- curricular events when they are in their custodial parents' custody. - d. In regard to the custody exchanges, absent agreement otherwise, the custodial parent shall drop the Children off to the other parent at the designated times. e. The parents may alter the above schedule by written mutual agreement. f. Given some of the Children's lack of academic achievement, each parent is directed to ensure that homework is completed and the Children study for tests when the Children are in the parent's respective custody. tom,.. 4 h. /4 4. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. Absent further Order of Court or upon the written recommendation of the Children's current counselors, the Children shall continue with their respective current counselors. It is strongly encouraged that Mother and Ethan also engage in counseling to address parent/child conflict and/or reunification therapy. Furthermore, the parents are encouraged to engage in therapeutic family counseling with the focus on co -parenting with an appropriate professional. 5. Custody Evaluation: Deborah Salem performed a full custody evaluation on 03/20/13. Father is requesting an updated evaluation by performed by Ms. Salem. Mother is somewhat reluctant for another evaluation to be performed. As such, the parties are directed to both participate in an updated evaluation by Ms. Salem and Father shall bear the financial cost of said updated evaluation. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 8. Each parent shall have one uninterrupted week of vacation with the Children per year to be taken over their respective custodial week. The requesting parent shall give the other parent 10 days advance notice of the requested time. 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. 9, 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. • 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. After the updated evaluation has been completed by Ms. Salem, the parties have the option of directly contacting the assigned conciliator for a conference to discuss what, if any, changes to the current custodial situation is appropriate. 14. 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, D. tribution: liam Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 chelle Skurzynski, 1 Aspen Lane, Carlisle, PA 17015 /--iteborah Salem, Interworks, 2201 N. Second St., 2nd Floor, Harrisburg, PA 17110 /John J. Mangan, Esquire cLIke Pat to/1y HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From Friday 6 pm until Sunday 6 pm Father Mother Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving From Wednesday 6 pm until Sunday 6 pm Father Mother Christmas ls` Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25.to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1 S` (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 6 pm Mother Mother Father's Day From 9 am until 6 pm Father Father AARON JOHN SKURZYNSKI, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, . IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr.; J. 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 Custody of Ethan Jarod Skurzynski. 01/13/1997 Primary Father ,.Emily Renada Skurzynski 06/18/1998 Primary Mother Chloe Annabella Skurzynski 08/05/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03, 2010, an Order issued July 21, 2010, a conference was held August 24, 2010, an Order issued September 07, 2010, a conference was held December 27, 2011, an Order issued January 04, 2012, a conference was held August 31, 2012, a conference call was made September 07, 2012, multiple calls were made by the undersigned with the Children's counselors, a custody evaluation was completed March 20, 2013, a conference was held May 07, 2013, an Order issued May 30, 2013 and a conference was held February 04, 2014 with the following individuals in attendance: The Mother, Michelle Skurzynski, self -represented party The Father, Aaron Skurzynski, with his counsel, William Felker, Esq. 3. The undersigned recommends the entry of an Order in the form as attached as it is believed to be in the Children's best interest. Date an, Esquire nciliator • o Cktiriyo Plaintiff Vs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,1"-- . rnrf-4-ij Cz --- • . No. JO " 6'./ Civicr"- - r– — _<_r-, C ---N : CIVIL ACTION - LAW : IN CUSTODY • CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 0111041,IL ; , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither 1 nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apPiv Crime 18 Pa.C.S. Ch. 25 {relating to criminal homicide) 1 Pa.C.S. §2702 (relating to aggravated assault) Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges 18 Pa,C.S. §2706 E frelating to terroristic threats.) 18 Pa.C.S. ,;.2709.1 r— frelating to stalking) 18. Pa.C.S. §291)1 (relating to kidnapping) (._ • • _ Pa.C.S. 0902 E (relating to unlawful restraint} 8 Pa.C.S. §2903 E (relatingto false imprisonment) 18 Pa.C.S. ;§2910 (relating to luring a child into a motor vehicle or structure) /8 Pa.C.S. §3121 (relating to rape) 8 Pa.C.S. 0122.1 relating to statutory sexual assault) 18. Pa.C.S. §3123 (-. r— ,(relating to involuntary deviate sexual ,intercourse' 18 Pa.C.S. 0124.1 (relating to sexual assault} 18 Pa.C.S. 0125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 E (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 ;Pa.C.S. §3129 !relating to sexual intercourse with animals) 18 Pa.C.S. §3130 !relating to conduct relating to sex offenders) Pa.C.S. §33!1 IT !relaying to arson and related offenses) 18 Pa.C.S. §4302 r- f relating;to incest) 1$ Pa.C.S. §4303 Srglating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 1$ Pa.C.S. §4305 r (relating to dealing in infant children) r 18 Pa.C.S. §5902(§) (relatinK to prostitution and related offenses) 18 Pa.C.S. 0903 (c) or fdl (relating. to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 r- trelati ng to corruption of minors 18 Pa.CS. 4.6312 (relating to sexual abuse of children) 18 Pa.C.S. 0318 (relating to unlawful contact with minor} 18 Pa.CS. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 �- (relating to contempt for violation of Protection prder or agreement} prwing..under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither l nor any other member of my 'household have a history of violent or abusive conduct including the following: Check all that apply Afin of a u eb a Childre & Youth Agency or similar agency in Pennsylvania or similar statute •in another jurisdiction Abusive conduct as defined under the Protection_ from Abuse Act in Pennsylvania or Sir»ilar statute in Self Other household member pate 4 .. w another iurisdiction Other: E 3. .Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of !birth and relationship to the child : S. if you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: 1 verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. • Printed Name IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Petitioner : NO. 10-2689 CIVIL TERM v. : CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI : Respondent : IN DIVORCE/CUSTODY/VISITATION NOTICE ca -0a m r` ` 72- 70 car– — �. --C rn .<c) ca Legal proceedings have been brought against you alleging you have or intend to willfully disobey an Order of Court. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. If the court finds that you have willfully failed to comply with its order, you may be found in Contempt of Court and committed to jail, fined or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 _7,a,),ed -4 G/f1- 3SS IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Petitioner : NO. 10-2689 CIVIL TERM v. : CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI : Respondent : IN DIVORCE/CUSTODY/VISITATION PETITION FOR CONTEMPT OF COURT AND NOW, COMES, the Petitioner, Aaron Skurzynski, by and through his attorney, William C. Felker, and respectfully avers as follows: 1. Petitioner is Aaron John Skurzynski, who currently resides at 139 Pleasant Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Respondent is Michelle Lynn Skurzynski, who currently resides at 1 Aspen Lane, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Petitioner and Respondent are the natural parents of three minor children; namely: Ethan Jarod Skurzynski, born 01/13/1997; Emily Renada Skurzynski, born 06/18/1998; and Chole Annabella Skurzynski, born 08/05/2000. 4. On the 10th day of February 2014 the Honorable Judge M.L. Ebert, Jr. signed an Order of Court outlining each parent's custodial periods with the parties children. Attached Exhibit A. 5. Paragraph 3(d) makes it clear that "the custodial parent shall drop the Children off to the other parent at the designated times". 6. Respondent refuses to drop the Children off to Petitioner at the designated times. 7. Petitioner has not had any custodial time with his two daughters since May 23, 2014. 8. Petitioner has made numerous attempts to contact Respondent via email, text messaging and phone calls. 9. Respondent has not responded to any of Petitioner's attempts of communication. 10. Petitioner, as required by paragraph 8 of the Court's Order, on March 12, 2014 provided Respondent with his intended vacation week with the Children. 11. Since Respondent refuses to drop the children off during his custodial time, Petitioner believes that Respondent will not drop the children off on for his vacation time. 12. Petitioner in conjunction with this Petition has also filed a Petition for Emergency Relief. 13. Petitioner has incurred counsel fees in excess of $750.00 for the preparation and presentation of this Petition for Contempt of Court and Petition for Emergency Relief. 14. Respondent has consistently, brazenly, and wantonly, defied every Custody Order of this Court since 2010. WHEREFORE, Petitioner, Aaron Skurynski, respectfully request this Honorable Court to find Respondent, Michelle Skurzynski, in Contempt and grant primary physical custody of the children to Petitioner along with counsel fees. Date: 07.16.2014 Respectfully submitted, Attorney for Petitioner William C. Felker, Esquire 67999 P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 I, Aaron Skurzynski, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 07.16.2014 Aaron Skurzynski IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Petitioner : NO. 10-2689 CIVIL TERM v. : CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI : Respondent : IN DIVORCE/CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition was served upon the parties listed below via first class, United States mail, postage prepaid. Michelle Skurzynski 1 Aspen Lane Carlisle PA 17015 07.16.2014 William C. Felker, Esquire Attorney for Respondent Attorney ID: 67999 P.O. Box 1401 Camp Hill, Pennsylvania 17001-1401 (717) 512-0647 AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2689 CIVIL ACTION L4 r11 L -e; :t MICHELLE LYNN SKURZYNSKI, IN CUSTODY -11 r; Defendant r,. c� cz > sm Prior Judge: M.L. Ebert, Jr., J. z � co :.1.••tom+ AND NOW this Ooh day of February 2014, upon consideration of the attached Cust6dy Conciliation Report, it is Ordered and Directed as follows: ORDER OF COURT 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Aaron John Skurzynski, and the Mother, Michelle Lynn Skurzynski, shall have shared legal custody of Ethan J. Skurzynski, born 01/13/1997, Emily R. Skurzynski, born 06/18/1998 and Chloe A. Skurzynski, born 08/05/2000. The parties shall have an equal right to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Absent mutual written agreement otherwise or further Order of Court, the parents shall arrange physical custody of the Children as follows: a. In regard to Emily and Chloe, the parents shall share physical custody on a week on/ week off basis from Friday 6:00 pm until the following Friday 6:00 pm to commence with Father's week beginning Friday May 17, 2013. During a parent's non-custodial week, the non-custodial parent shall have custody Tuesday from 4:00 pm until 8:00 pm. Due consideration is to be given by the parents in regard to the girls' desire to spend time with either parent. Mother shall have the right of first refusal with the girls if she is not working and Father is. b. In regard to Ethan, Father shall have primary physical custody subject to Mother's partial physical custody as the parties may agree with due consideration given to Ethan's desire to spend time with Mother. c. To the extent possible, the Children shall attend their regularly schedule extra- curricular events when they are in their custodial parents' custody. - d. In regard to the custody exchanges, absent agreement otherwise, the custodial parent shall drop the Children off to the other parent at the designated times. e. The parents may alter the above schedule by written mutual agreement. £ Given some of the Children's lack of academic achievement, each parent is directed to ensure that homework is completed and the Children study for tests when the Children are in the parent's respective custody. 4. Counseling: The parties have agreed to, and shall, continue to engage the Children in individual counseling as necessary or recommended. Absent further Order of Court or upon the written recommendation of the Children's current counselors, the Children shall continue with their respective current counselors. It is strongly encouraged that Mother and Ethan also engage in counseling to address parent/child conflict and/or reunification therapy. Furthermore, the parents are encouraged to engage in therapeutic family counseling with the focus on co -parenting with an appropriate professional. 5. Custody Evaluation: Deborah Salem performed a full custody evaluation on 03/20/13. Father is requesting an updated evaluation by performed by Ms. Salem. Mother is somewhat reluctant for another evaluation to be performed. As such, the parties are directed to both participate in an updated evaluation by Ms. Salem and Father shall bear the financial cost of said updated evaluation. 6. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as agreed upon. In the absence of agreement, the parties shall adhere to the holiday schedule as attached. 8. Each parent shall have one uninterrupted week of vacation with the Children per year to be taken over their respective custodial week. The requesting parent shall give the other parent 10 days advance notice of the requested time. 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. 9. 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. 10. 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. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. After the updated evaluation has been completed by Ms. Salem, the parties have the option of directly contacting the assigned conciliator for a conference to discuss what, if any, changes to the current custodial situation is appropriate. 14. 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, D. stribution: .-F�AV' Liam Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 /1Vlichelle Skurzynski, 1 Aspen Lane, Carlisle, PA 17015 ,'1 borah Salem, Interworks, 2201 N. Second St., 2nd Floor, Harrisburg, PA 17110 /John J. Mangan, EsggIrec fie Pau HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter From Friday 6 pm until Sunday 6 pm Father Mother Memorial. Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving From Wednesday 6 pin until Sunday 6 pm Father Mother Christmas 1s` Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 6 pm Mother Mother Father's Day From 9 am until 6 pm Father Father AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. 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 Custody of Ethan Jarod Skurzynski. 01/13/1997 Primary Father ,_Emily Renada Skurzynski 06/18/1998 Primary Mother Chloe Annabelia Skurzynski 08/05/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03, 2010, an Order issued July 21, 2010, a conference was held August 24, 2010, an Order issued September 07, 2010, a conference was held December 27, 2011, an Order issued January 04, 2012, a conference was held August 31, 2012, a conference call was made September 07, 2012, multiple calls were made by the undersigned with the Children's counselors, a custody evaluation was completed March 20, 2013, a conference was held May 07, 2013, an Order issued May 30, 2013 and a conference was held February 04, 2014 with the following individuals in attendance: The Mother, Michelle Skurzynski, self -represented party The Father, Aaron Skurzynski, with his counsel, William Felker, Esq. 3. The undersigned recommends the entry of an Order in the form as attached as it is believed to be in the Children's best interest. Date John J Custo y an, Esquire nciliator .1 • IN THE COURT OF COMMON PLEAS Plain iff CUMBERLAND COUNTY, PA No. JO CIVIL TEFIL -013: rnu) (T) r— < CRIMINAL RECORD / ABUSE HISTORY VERIFICATION (-) c, 1, A"-,, SY Or Zio rik hereby swear or affirm, subject to penaltitsio _< law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that; Vs S16 0C Defendant • CIVIL ACTION - LAW IN CUSTODY cn 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 r- relating to criminal homicidel 18 Pa.C.S. §2702 (relating to aggravated assault,) Pa.C.S. §2706 (relating to terroristic threatkl r- 18 Pa.C.S. §2709.1 r- frelating to stalkkg) 18 Pa.C.S. §29oi (relating to kidnapping) • 18 Pa.C.S. §2902 (relating to unlawful restraint) 18.pa.C.S. *2903 (relating to false imprisonment) 18_Pa.C.S. §2910 "relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. *3121 1717, (relating to rape) 18 Pa.C.S. 63122.1 relating to statutory sexual assault) 18 Pa.C.S. §3123 frelatinkto involuntary deviate sexual intercourse) 18 Pa.C.S. *3124.1 (relating to sexual assault) 18 Pa.C,S. *3128 CT 'relating to aggravated indecent assault) 18 Pa.C.S. *3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) •••••••• • ••••••• 18 Pa.C,S. 43129 'relating to sexual intercourse with animals) 18 Pa.C.S. §3130 "relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 rE - (relating to arson and related offenses) 18 Pa.C.S. §4302 rITT - fre'aing to incest) 18 Pa.C.S. §4303 ITT 17 'relating to concealing death of child) ITT 1.8 Pa.C.S. §4304 ITT "relating to endangering welfare of children) ITT 18 Pa.C.S. §4305 'relating to dealing in infant children) ITT 18 Pa.C.S. §S902(b1 (relating toprostitution and related offenses) 17f 18 Pa.C.S. WO3 ITT (c) or (d) (relating to obscene and other sexual materials and performances) E. 1.7 38 Pa.C.S. §6301 ITT E. ' "relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) l ! 18 Pa.C.S.16318 (relating to unlawful contact with minor) 18 Pa,C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 1. (relating to contempt for violation of Protection order or agreement) Driving under the r- influence of drugs or alcohol Manufacture, sale, delivery. holding, offering for safe or possession of any controlled substanceor other drug or device 2. Unless Indicated by my checking the box next to an item below, neither '! nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household appiv member A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in Date another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state t at person's name, date of birth and relationship to the child : • 5. If you are aware that the other party or members of the party's household has or have a criminal 1 abuse history, please explain: I verify that the Information above is true and correct to the best of my knowledge information or belief. 1 understand that false statements herein are made subject to the penalties •of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Printed Name AARON JOHN SKURZYNSKI : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE LYNN SKURZYNSKI DEFENDANT : NO. 10-2689 CIVIL ORDER OF COURT AND NOW, this 22nd day of July, 2014, upon consideration of Aaron Skurzynski's Petition for Emergency Relief; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Michelle Skurzynski to show cause why the relief requested by the Plaintiff should not be granted. 2. Michelle Skurzynski shall file an Answer to the Petition for Emergency Relief on or before August 8, 2014. 3. The Matter shall be heard before Custody Conciliator John Mangan, Esquire on Tuesday, August 19, 2014, at 1:00 p.m. on the 4th floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, • William Felker, Esquire Attorney for Plaintiff Michelle Skurzynski 1 Aspen Lane Carlisle, PA 17013 ohn Mangan, Esquire Custody Conciliator C� '€ / r, .6C `WI bas tap N -'r q AARON JOHN SKURZYNSKI PLAINTIFF V. MICHELLE LYNN SKURZYNSKI DEFENDANT IN THE COURT OF COMMON PLEAS OIC CUMBERLAND COUNTY, PENNSYLV 2010-2689 CIVIL ACTION LAWgip w r c? 3 -4 tri - IN CUSTODY ORDER OF COURT cr -71 rn AND NOW, Tuesday, July 22, 2014 , 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 19, 2014 1:00 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan, Jr., Esq. j Custody Conciliator r 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. Copies /i%, `Pd' o ltkP% 'Cb . 5fur2ynsi1, bef4 o Mori elo,yhy Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 • AARON JOHN SKURZYNSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-2689 CIVIL ACTION LAW MICHELLE LYNN SKURZYNSKI, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. Anticipated hearing length: One whole day r =mrri ;� Cn Fr: r "'� cp L'r: O ' ER OF COURT AND NOW this pil}"-day of 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Pending further Order of Court, the Court Order dated February 10, 2014 shall remain in full force and effect. 2. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the ao'Aday ofO6f j 2014 atet60ttm in courtroom number 2 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 3. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the /01' day of 7)0 , 2014 at /b.'3 ' 11.m in Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody and Father's petition for contempt/special relief in regard to the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. 4. This Order is entered pursuant to a recommendation from the assigned custody conciliator. The parties have the option of contacting the assigned custody conciliator for a conference prior to the scheduled hearing if the parties feel the conference would be helpful; however it is anticipated that a request is highly unlikely. D tribution: ��/ illiam Felker, Esquire, P.O. Box 1401, Camp Hill, PA 17001 ' elle Skurzynski, 1 Aspen Lane, Carlisle, PA 17015 John J. Mangan, Esquire • teS f2 iLL 9 /9 AARON JOHN SKURZYNSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. MICHELLE LYNN SKURZYNSKI, Defendant Prior Judge: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT CUMBERLAND COUNTY, PENNSYLVANIA No. 10-2689 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ethan Jarod Skurzynski 01/13/1997 Primary Father Emily Renada Skurzynski 06/18/1998 Primary Mother Chloe Annabella Skurzynski 08/05/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on June 03, 2010, an Order issued July 21, 2010, a conference was held August 24, 2010, an Order issued September 07, 2010, a conference was held December 27, 2011, an Order issued January 04, 2012, a conference was held August 31, 2012, a conference call was made September 07, 2012, multiple calls were made by the undersigned with the Children's counselors, a custody evaluation was completed March 20, 2013, a conference was held May 07, 2013, an Order issued May 30, 2013, a conference was held February 04, 2014, an Order issued February 10, 2014, Deb Salem performed an updated custody evaluation, Father filed petitions for emergency relief and contempt and then multiple conversations took place in regard to whether or not another conciliation conference would be effective. The Mother, Michelle Skurzynski, self -represented party The Father, Aaron Skurzynski, with his counsel, William Felker, Esq. The parents' position on custody is as follows: This custody matter is fairly complex and has been going on for many years. To say the situation is dysfunctional may be an understatement. There have been many counselors involved in regard to the parents' relationships with the Children. The issue at hand is Father's lack of contact with Chloe and Emily. Father asserts that it is the Mother who is alienating him from his daughters and Mother asserts that it is the Father who does not appropriately interact with the girls. The girls' counselors have indicated that the girls have a high degree of anxiety over this custody litigation and Mother indicates that the girls do not desire to have any additional time with Father. Mother asserts that she is in a difficult situation and that she simply can not force the girls to spend time with Father. Mother denies that she is influencing the girls. Father is expressing significant frustration about not seeing his daughters and would like the Court to hear this matter. The custody evaluator, Deb Salem with Interworks, has been consulted extensively and has authored an evaluation and a recent updated evaluation about the custody situation. 4. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one whole day. 5. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. Date Jo J. angan, Esquire istoi y Conciliator L.1 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff k : NO. 10-2689 CIVIL TERM v, : CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI : Defendant : IN DIVORCE/CUSTODY/VISITATION PRETRIAL STATEMENT IN ACCORDANCE WITH PENNSYLVANIA RULE OF CIVIL PROCEDURE 1915.4-4 EXPERT WITNESS: Shanen Turk -Geller, MSW, LCSW (Girls councilor) New Passages 3235 North Third Street Harrisburg, PA 17110 717-234-3839 Kasey Shienvold, Psy.D., M.B.A. (Ethan's councilor) Riegler • Shienvold & Associates 2151 Linglestown Road Suite 200 Harrisburg, PA 17110 717-540-1313 Kim Bridgman, LSW (Alex's councilor) Riegler • Shienvold & Associates 2151 Linglestown Road Suite 200 Harrisburg, PA 17110 717-540-1313 Deborah Salem INTERWORKS 2201 North Second Street,2nd Floor Harrisburg, PA 717-236-6630 Shannon Brough (Intake worker) Children & Youth Services 16 W. High Street Carlisle, PA 17013 717-240-6125 Sam Butler (Case worker) Children & Youth Services 16 W. High Street Carlisle, PA 17013 717-240-6120 WITNESS: Thomas Hornbaker (Chloe's softball coach 2014) 60 Sharon Rd Enola, PA 17025 717-443-6676 John Blessing (High School bowling coach 2012 to 2014) 4160 Roth Farm Village Circle Mechanicsburg, Pa 17050 717-732-5010 Vanessa Dietsche (Softball treasurer 2013) (and girlfriend since January 2014) 115 W Brookfield Dr Lebanon, PA 17046 717-903-8183 Donna Fasick (Bowling mom of one of Ethan's friends) 429 Hilton Head Avenue lot 125 Carlisle pa 17015 717-364-8122 Jeanette C. Mainord (Bowling mom of one of Ethan's friends) 521 Colony Road Camp Hill, PA 17011 717-364-7388 Wanda Skurzynski (my mother) 1507 Beaufort Ct Graham, NC 27253 336-227-4798 Andrew John Skurzynski (my father) 1507 Beaufort Ct Graham, NC 27253 336-227-4798 Alexander Skurzynski (brother) 139 Pleasant Grove Rd Mechanicsburg, PA 17050 717-691-1461 Ethan Skurzynski (brother) 139 Pleasant Grove Rd Mechanicsburg, PA 17050 717-691-1461 Plaintiff has communicated with all listed witness and has received an acknowledgment from all with the exception of Sam Butler from Children & Youth Services. Respectfully submitted, Date: 10.09.2014 Attorney for Petitioner William C. Felker, Esquire 67999 P.O. Box 1401 Camp Hill, PA 17001 (717) 512-0647 I hereby certify that on October 10, 2014 a true and correct copy of the foregoing was served upon the parties listed below via first class, United States mail, postage prepaid. Michelle Skurzynski 1 Aspen Lane Carlisle PA 17015 illiam C. Felke', Esquire Attorney for Petitioner AARON JOHN SKURZYNSKI : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE LYNN SKURZYNSKI DEFENDANT : NO. 10-2689 CIVIL ORDER OF COURT AND NOW, this 20th day of October, 2014, after pre-trial conference in this case, the Court having been advised that the Father has had practically no contact with the children in this matter; IT IS HEREBY ORDERED AND DIRECTED that: 1. Pending hearing in the matter, Father will have custody of the children from 6:00 p.m. on Friday, October 24, 2014, until 6:00 p.m. on Sunday, October 26, 2014, and from 6:00 p.m. Friday, November 7, 2014, until 6:00 p.m. Sunday, November 9, 2014. 2. The Court having been advised that the children are scheduled to participate in various bowling events on these weekends, IT IS FURTHER ORDERED AND DIRECTED that Mother will absolutely minimize her contact with the children during Father's periods of physical custody. By the Court, illiam Felker, Esquire Attorney for Plaintiff M. L. Ebert, Jr., ✓Michelle Skurzynski 1 Aspen Lane Carlisle, PA 17013 bas / ()la. 'T-ey frzi LaJ Y Aaron John Skurzynski, PLAINTIFF Michelle Lynn Skurzynski DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANW NO. 10-2689 Civil ENTRY OF APPEARANCE AS A SELF -REPRESENTED PARTY 1. I am the 0 Plaintiff In Defendant in the above -captioned (MARK ONE) 0 custody, II divorce, ❑ support`; ❑ protection from abuse, ❑ paternity case. 2. ❑ This (MARK ONE) ❑ is ❑ Is not a new case and I am representing myself in this case and have decided not to hire an attorney to represent me. OR (check only one box) 0 This Is NOT a new case and previously (Name of Attorney) represented me in this case. I have decided not to be represented by that attorney and direct the Prothonotary to remove that attorney as my counsel of record in this case. I have provided a copy of this form to that attomey listed above at the following address: OR (check only one box) i am entering my appearance as a self -represented party (sign) My attorney acknowl = • •. es h1 er withdrawal a (Attorney signature) 141 Homey in this case. , Esq. 3. My address for the purpose of r- r= ng all 1 re dings and other legal notices Is: Michelle Skurzynski 1 Aspen Lane, Carlisle, PA 17015 . I understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss Important deadlines or proceedings. II This is my home address. 0 This Is not my home address. 4. My telephone number where lean be reached during normal business hours (8:00 a.m. — 4:30 p.m. Monday — Friday) Is . My email address is 0 My telephone number and email address are confidential pursuant to a Protection From Abuse Order. 5. I UNDERSTAND 1 MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6, 1 have provided a cnpy of this form to all other attorneys or other self -represented parties at the following addresses as listed below (Use reverse side if you need more space) Name William C. Felker, Esquire Address P.O. Box 1401, Camp Hill, PA 17001 Name Address 7. I fully understand that by deckling to represent myself. the Court will hold me to the same standards of knowledge reeardino the statutory law, evidence law. Local and State Rules of Procedure and aoolicable case law as a Pennsylvania licensed attomev, and that I must be fully prepared to meet those resaonsibliitles. I verify that the statements made In this Entry of Appearance as a Self -Represented Party are true and correct. I understand that If I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to uthorltles h c • u n a fine and/or oris . term. ate .047 40110211! ..e44041.te Sigh'i f.�o gnature) IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Aaron John Skurzynski Plaintiff v. : CIVIL ACTION - LAW Michelle Lynn Skurzynski : NO. 10-2689 CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT AND NOW this day of November, 2014, parties in this case having presented this order to this court and in recognition of recommendations by Deborah L. Salem, CAADC, LPC, the parties' mutual desire to continue the custody and contempt hearing, scheduled in this matter before this court on November 10, 2014, for a period of three months. IT IS HEREBY ORDERED AND DIRECTED that: 1. A Custody Hearing is hereby scheduled on the 10*- day (Aga, , 2015 at IP :20ft..rn in Courtroom number 2 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody and Father's petition for contempt/special relief in regard to the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. IT IS HEREBY FURTHER ORDERED AND DIRECTED that pending a hearing in this matter: 1. Father will have custody of the minor children, Emily and Chloe Skurzynski, every other weekend immediately after school (if no school no later than 6:00p.m.) on Friday to start of school on Monday (if no school no later than 3p.m.). Additionally, Father will have Wednesday overnight every week from after school (if no school no later than 6:00p.m.) until start of school the next morning (if no school no later than 3p.m.). Father's Wednesday overnight can be changed if deemed necessary by the reunification counselor. This schedule will commence the week of November 9, 2014, with Father's first weekend beginning mnNovenbor2],20]4. 2. Reunification and coinmunication therapy for Father and the girls should be imiriediately instituted with a thiof chosen to help the girls communicate directly with Father and to help Father learn to separate his feelings about the parental conflict from his responses to the girls. It is expected that Kim Bridgeman, of Riegler, Shienvold & Associates , will conduct the reunification therapy. 3. As per recommendations from Deborah L. Salem, CAADC, LPC, Mother will re-enter therapy and Father will enter therapy if recommended or directed by Kim Bridgeman. 4. Father will faci!itate tirne between Ethan and Mother ifnecessary. Tliis will occur if Mother iiiitiates reunification therapy for her and Ethan. 5. Transportation at transitions will be shared and ie re inquishing parent will provide transportation. 6. The holiday and vacation schedules outlined in the Court Order dated February 10, 2014 shall remain in full force and effect, unless altered by the reunification counselor. Regarding the Thanksgiving holiday this year, Father has agreed that Mother may have custody of the girls on the weekend prior to Thanksgiving (November 21 through 24) or the weekend after Thanksgiving weekend (December 5 through 8) to celebrate Thanksgiving with her family. Mother shall give Father at least seven (7) days' notice of her intention. 7. Neither parent is perrnitted to interfere with the established custody scliedule. Excuses like:"7uun"tnuuketbocbiN "; the child ujustifiably hesitates or refuses to go; the child has a minor illness; the child has to go somewhere; the child is not home; the custodial parent does not want the child to go; the weather is bad; the child has no clothes to wearshall all hudeemed examples ofunacceptable excuses for one parent denying parenting time to the other. O. Ifat any time the girls dcfiundycome toMother's house instead of father's she will be 9. Mother will absolutely minimize her contact with the children during Father's periods of physical custody. If reunification between Mother and Ethan is established, Father will minimize his contact with Ethan during Mother's periods of reunification with Ethan. Mere presence of the non- custodial parent at an activity, where one or more of the parties' children are participating in, will not be construed as a violation of this provision. 10. Each parent will have right of first refusal with the girls. IL Both parents are responsible to get the girls to all activities; neither parent is permitted to set up exclusive activities or an activity not agreed upon by the other parent; and neither parent is permitted to keep the girls out of a team activity as a consequence for misbehavior, unless deemed appropriate by the reunification counselor. 12. If either parent violates any of the provisions set forth in this Order, or interferes in any way with any reunification outlined herein, they will be deemed in contempt, with all prior acts being weighed, and sanctioned accordingly. William C Felker, Esq. For Plaintiff Kristopher T. Smull, Esq. For Defendant eopie6 itirohLf By the Court, AARON JOHN SKURZYNSKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA (7) C:r) C -r1 v. NO. 10-2689 mu) 2:: Fri :=0 > 17.) MICHELLE LYNN SKURZYNSKI, • Defendant : CIVIL ACTION - DIVORCE >c) cD INCOME STATEMENT OF DEFENDANT, MICHELLE LYNN SKURZINSKI cD , CD I verify that the statements made in this Income Statement are true and correct. 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 /1-4/5". SECTION I : INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MUST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM: YOUR LAST JOB. INCOME: CURRENT OR LAST EMPLOYER: Currently caretaker for my mother (lung cancer) PAYROLL ADDRESS: POSITION HELD: RATE OF PAY/FREQUENCY: $ "0" HOW PAID: (CIRCLE ONE) WEEKLY / BIWEEKLY / MONTHLY / SEMI-MONTHLY / OTHER IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING GROSS PAY PER MONTH: $ MONTH ITEMIZED PAYROLL DEDUCTIONS: INTEREST M1 , f a Y+' FEDERAL WITHHOLDING $25 DIVIDENDS SOCIAL SECURITY (& MEDICARE) LOCAL WAGE TAX STATE INCOME TAX ANNUITY (J) marital home MANDATORY RETIREMENT REQUIRED MINIMUM %( ) HEALTH INSURANCE (Medicare) OTHER (SPECIFY) UNEMPL. COMP. WORKERS COMP. NET PAY PER PAY PERIOD $ OTHER INCOME: WEEK MONTH YEAR INTEREST M1 , f a Y+' SAVINGS ACCTS. $25 DIVIDENDS CREDIT UNION PENSION REAL ESTATE ANNUITY (J) marital home BUSINESS SOCIAL SECURITY TOTAL RENTS UNEMPL. COMP. WORKERS COMP. IRA rip ALIMONY (RECD.) TOTAL PROPERTY OWNED VALUE OWNERSHIP 01 W ,I) CHECKING ACCTS $134 M1 , f a Y+' SAVINGS ACCTS. $25 W CREDIT UNION STOCK/BONDS REAL ESTATE $215,000 (J) marital home BUSINESS TOTAL *Only income at this time is Spousal and Child Support $2021.93 per month INSURANCE (COVERING DEPENDENTS IN THIS CASE): COVERAGE *H=HUSBAND, W=WIFE. J=JOINT, C=CHILD COMPANY AND CLAIMS ADDRESS GROUP # POLICY# (H W C) HOSPITAL BLUE CROSS OTHER Federal Blue CrosslBlue Shield 1-800-779-6945 105 R59272199 H MEDICAL BLUE SHIELD OTHER Federal Blue Cross/Blue Shield 1-800-779-6945 105 859272199 H HEALTH/ACCIDENT DISABLITY DENTAL MetLife Dental, P.O. Box 981282 120731 120731 H OTHER EI Paso, TX 79998-1282 *H=HUSBAND, W=WIFE. J=JOINT, C=CHILD AARON JOHN SKURZYNSKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNIY, PENNSYLVANIA v. : NO. 10-2689 MICHELLE LYNN SKURZYNSKI, : Defendant : CIVIL ACTION - DIVORCE ". • EXPENSE STATEMENT OF DEI4 ENDANT, MICHELLE LYNN SKURZiNSid I verify that the statements made in this Expense Statement are true and correct 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 f" SECTION 1- PERSONAL INFORMATION Name: Soc. Sec. No.: Date of Birth: Address: City, State Zip: SECTION II - INCOME Gross Monthly Income Less Total Deductions Net Monthly Income SECTION III - EXPENSES Household Rent Condo Fee Homeowner& Insurance Renters' Insurance Real Estate Tax Cable TV Internet Access Phone Other Household Michelle L. Skurzynski ***_**- 6450 10/1211966 i Aspen Lane Carlisle, PA 17015 $2021.93 (Child and Spousal Support) Weekly Monthly $410 0 0 0 $36 0 $55 0 0 Total Household $501 Household Maintenance Furniture & Appliance 0 Painting/Walipapering 0 Household Supplies 0 Maid/Cleaning Service 0 Lawn Service 0 Snow Removal 0 Trash Removal 0 Utilities - Electricity $105 Utilities - Gas/Propane Heat $120 Utilities - Oil Heat 0 Utilities - Water/Sewer 0 Utilities - Other o Annual Other Household Maintenance Total Household Maintenance $225 Transportation Car payments Car insurance Car Gasoline/Oil Car Maintenance and Repair Car License/Stickers Car Other Tolls Parking Public/Alt. Transportation Other Transportation Total Transportation 0 $20 $175 $10 $36 0 0 0 0 0 $241 *Owe my parents for 2002 Ford Windstar $3500 Child *Both Emily & Chloe Child Care - Day Care 0 Child Care - Sitters 0 Child Clothing/School Uniforms Child Education Supplies $12 Child Education Books/Fees 0 Child Education Lunches $60 Child Education Transportation 0 Child Education Activities $58 H.S. BavtIngineld MK Child Education Room & Board o Child Grooming $30 Child Groceries 0 Child Medical Doctor $20 Child Medical Dentist o Child Medical Optical 0 Child Medical Medication 0 Child Allowance 0 Child Lessons and Supplies $36 Bowling Child Vacation and Camp 0 Child Entertainment $12 Child Tutors 0 Other Child $38 Bowling League $52 Elviohng Tournarnents(PJBT) Total Child $374 Personal Bank Fees Cell Phone Cigarettes Clothes. Dry Cleaning Education for Party Charitable Church/Synagogue/Mosque etc Credit Union (loan) Deferred Compensation Dues/Clubs Employment Uniforms Employment Unreimbursed Travel Employment Unreimbursed Education Entertainment Food/Groceries Gifts Hair Horseback Riding Laundry Legal and Accounting Liquor Beer Wine Lottery Tickets Manicure/Pedicure Personal Property Insurance Pets Previous Reship Child Support Previous Relship Alimony Restaurants Savings Stamps and Stationery Sports/Hobbies/Lessons Subscriptions Books Tax - Local Income Tax Therapist/Counselor Toiletries/Grooming/Drug Store Travel Vacations Voluntary Retirement Other Personal 0 $100 $340 $25 $35 Total Personal $500 Health and Medical Health Insurance o Dental Insurance o Disability Insurance 0 Medical/Doctor $6 Dental $31 Drug & Prescription $10 Optical $10 Orthodontist o Other Health o Other Total Health $57 Total Other TOTAL EXPENSES SECTION IV - SUMMARY $1898 NET MONTHLY INCOME $2022 LESS TOTAL EXPENSES $1898 TOTAL INCOME AFTER EXPENSES $124 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA AARON JOHN SKURZYNSKI Plaintiff : NO. 10-2689 CIVIL TERM v. : CIVIL ACTION - LAW MICHELLE LYNN SKURZYNSKI : Defendant : IN DIVORCE/CUSTODY/VISITATION INCOME AND EXPENSE STATEMENT OF PLAINTIFF I verify that the statements made in this statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: I.5TA-J0 Income Fed Income/bi-weekly State Retirement/monthly Advertising/monthly Net $1,892 $93 $1,000 Monthly Expenses $1,247 Mortgage $405 Electric $190 Cable/phone/internet $600 Car Loan $20 Trash $500 Food $400 Gas $275 Cell phone w/3 children Debts $5,134 Joint w/ Michelle - Members 1st VISA $40,000 Car loan $11,300 Attorney Fees $212,691 House Mortgage Items in my possession $30 Used light orange Sofa I bought for my apt. Free Used Red sofa given to us by my parents Free Used sectional sofa - given to us by a friend of Dolli's $1,200 60" projection TV — birthday present to me — bought new $4,300 6 person Spa — bought new $400 Ping-Pong table — bought new Xmas present for all the children $1,600 9' pool table with accessories — bought new Xmas present for all the family $500 Air hockey table — bought new Xmas present for all the children $300 Foosball table — bought new Xmas present for all the children $300 32" LCD TV — bought new while in my apt $60 DVD player — bought new Free 27 inch Grey TV Stolen by Michelle $300 Table saw — bought new $300 PS3 — Ethan's — bought new Xmas Present $50 Each x 6 PS3 Games — bought new $150 Each x 2 small 2 draw Desks — bought new $200 Kitchen table — bought used from second hand store Free 2 Refrigerators — one from PPL home improvement program, other from someone giving it away Free Used Chest Freezer — friend of Dolli's given to us $50 Each x 4 blue padded office chairs — bought new $20 Each x 4 tan folding chairs — bought new while in my apt. $300 6 Corning wear sets of pots with lids — new, wedding presents $200 2 pots 1 pans multiple lids that don't match any left — bought new $200 1 spatula, 1 serving spoon, 1 ladle, 3 sharp cutting knives, 1 bread knife, 1 can opener — bought new Free 8 person plate/cup table serving piece set — new wedding presents $200 8 person better quality fork/knive set — bought new $20 Drinking glasses - Most won at dime throwing carnival events $300 Push gas power lawn mower — bought new $70 Electric grass trimmers — bought new $200 Gas leaf blower — bought new $100 Circular saw — bought new $100 Wheel barrel — bought new $20 each x 3 rakes — bought new $200 3 window air conditions —1 came with house, 1 older unit Michelles prior to Marriage, 1 smaller one bought new $500 Gas Power Generator — bought new $500 Tools to include, power drill, wrench sets, screw driver, hammer, ratchet set — bought new $600 Xmas, Halloween, Thanksgiving decorations $800 Alex room, queen bed, desk, 2 dressers and his personal items — bought new $400 Ethan room, full bed, desk 2 dressers and his personal items —1 dresser given to us from death of my uncle - bought new $400 Each x 2 desk top computers — bought new $200 Each x2 laptop bought refurbished for boys for Xmas presents 2011 $300 Acer Laptop — bought new Est value of items left in house $15,370 Items taken by Michelle when she moved out March 2012 Aprox Value Items Living room $300 Wii game system — White, bought new for all children Xmas 2010 $50 Each x 30+ Wii Games - bought new $50 Each x 4 Wii Remotes — bought new $100 Each x 2 Rechargeable wireless Wii Remote Docking $300 Xbox 360 4gig — I bought new for Chloe Xmas 2011 $50 Each x 10 games — bought new $100 15 sheet staples shredder— bought new $300 27 LCD inch TV — bought new ? 5 cats, 3 litter boxes, bags of litter and cat food $500 Red Macys sofa — bought new $100 DVD Player— bought new $800 Dark wood 6ft long computer desk with top shelf unit — bought new $300 Dark wood 4ft long two drawer computer locking file cabinet — bought new $200 tan padded computer chair— bought new $500 Each x2 laptop computers — bought new $200 Gaming Coffee table — Chess and checkers — bought new Office/kids study/work area $100 HP940 color ink jet printer — bought new $400 Large hanging coat and multi cabinet drawer unit — bought new $200 Two door medium cabinet — bought new Kitchen $200 19 inch TV — bought new $50 Quesadilla maker — bought new $100 Industrial metal blade blender— bought new $60 Milk shaker maker — bought new $300 Each x 2 white bread machines — bought new $500 Grey KitchAid mixer with extra attachments for meat chopping, pasta making, multiple extra mixing utilities — bought new $50 Industrial Electric can opener — bought new $50 Electric knife — bought new $150 X -Large programmable crock pot — bought new $500 Aprox 30 cooking pots, pans baking pans and sheets- all but one small 9 inch pot, small 6 inch pan, large 12 deep pot, glass baking pans and corning pots with lids — bought new $50 50 piece Tupperware set — bought new ? My family made bread box with "Bread Box" on front $500 12 x 10 Asian rug — bought new ? Kitchen wood table + 4 wood chairs — gave to us from Dolli $200 1100 watt large industrial Microwave — bought new $200 industrial extra large toaster ovens — bought new $50 Four slot Toaster — bought new $200 Tall glass top microwave stand — bought new $500 Medicines to include Advil, Tylenol, Mucinex, cold medicine pills and liquids, many prescription drugs for pain, anxiety, depression for herself and all the children meds except Ethan's prescriptions. $150 Took all but a couple spices, aprox 50 pieces. Paper box full — bought new $400 Took all but one of each type of cooking utensils 30 pieces — bought new $300 8ft large wood cabinet that we stored Dry foods — bought new $300 Took most the dried foods, baggies, soups, sugar, baking flour — bought new Bedrooms $1,900 Macy's Queen Size feather pillow top bed — bought new with $5000 GC I won $500 Macy's Queen Size box spring — bought new with $5000 GC I won $200 Queen Size Bed frame — bought new with $5000 GC I won $300 10 pillows — bought new with $5000 GC I won $200 Full size body pillow — bought new with $5000 GC I won Free Tall Black Dresser with double top doors — My uncle's death inherited $50 Wood two drawer night stands - mine from when I was a child $200 Wood Dresser with mirror — bought new ? Stereo unit floor/wheel unit with stand — Michelle's before marriage $100 Portable tan wheel portable computer desk — bought new $400 32 inch LCD TV — Girls room — bought new $300 Girls tall dresser— bought new $200 Girls short dresser — bought new $300 Girls long dresser with mirror unit — bought new $400 Each x2 Girls full size bed with wood headboards, mattress and box springs — bought new with $5000 GC I won $200 Medium size wood Storage cabinets — bought new All of girls clothes, personal belongings, sports medals, stuffed animals. Everything was completely cleared out of their room. Garage/sheds $1,200 46 inch Sears Craftsman tan riding mower — bought new — Michelle's switched price tag on — originally 1600 Free 42 inch older Sears Craftsman black riding mower — Given to us by my parents Free Snow plow attachment for black riding mower— Given to us by my parents $200 Ryobi cordless 3 piece set with charger — won new $500 New in box dish washer — won new Laundry Room $800 Front Load Clothes White washers — bought new $1,400 Front Load Clothes Kenmore Black Dryer — bought new $100 Multiple laundry soaps, bleach and dryer sheets — bought new Extras $300 White Vacuum cleaner — bought new ? 5 gallon water container little less than half full of money/coins mostly pennies $500 8 small table and wall lamps — bought new $800 Black Dig camera, Neck strap, travel bag, tripod for self portraits, flash attachment, couple extra lenses, with 6 extra memory cards and extra flash — acquired by Michelle somehow $300 10x10 Colman canopy tent — bought new $50 Each x 3 folds up sports chairs — bought new $200 Took almost all the sheets, towels, washcloths, kitchen towels — bought new $300 Xmas decorations including 3 stockings that went as a set. Why not just take the whole thing — bought new $100 Toilet Paper, soaps, shampoos, conditioner — bought new Priceless antique Family Diamond, Gold solitaire ring passed down from my Mother's side of the family, given to Michelle for Emily, first granddaughter born. This does not include all the smaller items that she removed. It was four 4 full midsized U -Haul truck loads, along with at least two minivan loads. I have videos of items if needed. Est Value of items taken by Michelle $21,360.00 Items resquest be returned: Wood two drawer night stand - mine from when I was a child New dish washer that was stored in the garage in box My Family Diamond and Gold solitaire ring passed down from my Mother's side of the fami was given to Michelle by my mother for Emily, first granddaughter born. My Grandmothers hand made heavy blanket - This was given to me as a child. Hand Made all wood Breadbox I certify that all information provided as part of the requested "income and expense" by the Cumberland County Divorce Master for 10-2689, is true and correct to the best of my knowledge. 01.13.2015 Aaron J Skurzynski