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HomeMy WebLinkAbout01-0719PATRICIA A. KOLODZI, Plaintiff JEFFREY S. KOLODZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ¢/~ CIVIL TERM CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Patricia A. Kolodzi, an adult individual, currently residing at 571 F Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Jeffrey S. Kolodzi, an adult individual, who has refused to disclose to the Plaintiff where he is staying. 3. Plaintiff seeks custody of the following child: Megan Marie Kolodzi, age 7, born 1/16/94. Megan was born during the parties marriage. The child is presently in de facto primary custody of the Plaintiff. During the past five years the child has resided with the following persons at the following addresses: (a) From birth to 12/25/00 with the parties at 571 F Street, Carlisle, PA 17013. (b) From 12/25/00, with the Plaintiff at 571 F Street, Carlisle, PA 17013. The natural mother of the child is the Plaintiff. She is presently married but her husband has separated from her. The natural father of the children is the Defendant. He is married and separated. The relationship of the Defendant to the child is that of natural father. The relationship of the Plaintiff to the child is that of natural mother. The parties have not participated as a party concerning the custody of the child in this Court or any Court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The mother has been the primary caretaker of the child since her birth and is capable of providing the care the child needs. (b) The Plaintiff supports that the Father should have regular and frequent periods of partial custody. 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, the Plaintiff requests your Honorable Court to: A) grant primary custody of the child to the Plaintiff; B) set a reasonable and realistic arrangement which will adequately foster an ongoing relationship between the child and her Father; and child. Date: ~-/,~JO t C) grant such other relief as is just and in the best interest of the Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Complaint for Custody 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. Patricia A. Kolod~ DATE: ~ -~.~- OI rob/dorn/kolodzLcom 0 PATRICIA A. KOLODZI PLAINTIFF V. JEFFREY S. KOLODZI DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-719 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, this 14th day of February ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliat at 4th Floor, Cumberland County Courthouse, Carlisle on the 7th day of March ,2001, at 3:30 p.m. for a Pre-Hearing Custody Conference. At such conference~ an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds ~br entry of a temporary or permanent order. FOR THE COURT, By: /s/ ]acqueline M. Verney, Es~l. Custody Conciliaior (~ 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PATRICIA A. KOLODZI Plaintiff V. JEFFREY S. KOLODZI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 2001-719 CIVIL ACTION - LAW : : IN CUSTODY ; ORDER OF COURT AND NOW, this ~ day of /~p ~", I consideration of the attached Custody ConciliatiOn Report, follows: ,2001, upon it is ordered and directed as 1. The Mother, Patricia A. Kolodzi, and the Father, Jeffrey S. Kolodzi, shall have shared legal custody of Megan Marie Kolodzi, bom January 16, 1994. Each parent shall have an equal right, to be exemised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall share physical custody of Megan Marie Kolodzi, with Father having periods of physical custody in accordance with his work schedule as follows: two overnights every week, except every third week, Father shall have three overnights with the child. 3. Mother shall have physical custody of the child alt other times except as provided hereinafter. 4. When either parent require baby-sitting services, that parent shall contact the non-custodial parent and offer such time with the child. 5. Mother shall always have the child on Christmas Eve to Christmas Day until 12:00 p.m. Father shall always have the child Christmas Day from 12:00 p.m. to December 26 at 12:00 p.m. 6. Mother shall always have the child on Thanksgiving. Father shall always have the child on the day after Thanksgiving. 7. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a.m. to 8:00 p.m. 8. Each party shall have a period of time with the child on the child's birthday. 9. Each parly shall be entitled to two nonconsecutive weeks in the summer with the child provided they notify the other party of the weeks by May 31 of every year. 10. Transportation shall be shared as agreed by the parties. 11. Each party is entitled to liberal telephone contact with the child when in the custody of the other parent. 12. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 13. Father may have physical custody such other times as the parties may agree. 14. This Order is entered pursuant to an agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 15. This Order shall remain in affect until the end of the 2000-2001 school year. The parties may schedule another Conciliation Conference at that time ifa modified Order cannot be agreed to. cc: Robert L. O'Brien, Esquire, for Mother Ruby D. Weeks, Esquire, for Father BY THE COURT,~ ~ PATRICIA A. KOLODZI, Plaintiff V. JEFFREY S. KOLODZI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA ; : No. 2001-719 CIVIL ACTION - LAW ; ; : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Megan Marie Kolodzi January 16, 1994 Mother 2. A Conciliation Conference was held on this matter on March 28, 2001. Mother, Patricia A. Kolodzi, was present with counsel, Robert L. O'Brien, Esquire, and Father, Jeffi'ey S. Kolodzi, was present with counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 4. Father was seeking shared physical custody on a week on/week off basis. However the parties agreed to the entry of the attached Order until the end of the 2000- 2001 school year at which time if the parties cannot agree to a modified Order, either may request to return to the Conciliator. Date Custody Conciliator PATRICIA A. KOLODZI Plaintiff VS. JEFFREY S. KOLODZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01.-71.9 CIVIL TERM PETITION TO MODIFY CUSTODY TO THE HONOP.~BLE, THE JUDGES OF SAID COURT: 1. The Petitioner is, Jeffrey S. Kolodzi, hereafter referred to as the natural Father, residing at 25 S. Pitt Street, Apartment 4, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Patricia A. Kolodzi, hereafter referred to as the natural mother, residing at 571 F Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Petitioner seeks legal and physical custody of the following child: a. Name Present Residence Aqe Megan Marie Kolodzi 571 F Street 7 Carlisle, PA 17013 b. The child was born on January 16, 1994. c. The child is presently in the custody of the natural mother, who reside at 571 F Street, Carlisle, Cumberland County, Pennsylvania, 17013. d. The child has resided with the following persons and at the following addresses for the past 16 months: Persons Address Dates Jeffrey Kolodzi 25 S. Pitt Street, Apt. 4 Carlisle, PA 17013 571 F Street Carlisle, PA, 17013. Patricia A. Kolodzi Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. The last conciliation and court order was April 2, 2001. A copy of the last order is attached as Exhibit Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. Pursuant to the Custody Act at 23 Pa, C,S.A. 5310 et seq., the Father requests this Court to grant an award of shared legal custody and to modify custody to better schedule visitation with the father. The best interests and permanent welfare of the child and his physical, spiritual, emotional and moral well-being will be served by granting the relief requested of joint shared legal custody and physical custody to the father and mother equally. 4 WHEREFORE, Defendant Father prays for an Order granting the relief requested of joint shared legal custody and physical custody to both parents equally. Date: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Respectfully submitted, Ruby D. Weeks~ Esquire Attorney for Petitioner 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing are true and correct. Sworn to and subscribed to befo;%e me this ~' day · of ~/d3~A,t,'~I' , 2001 Notary Public JEFFREY S. KOLODZI, Plaintiff PATRICIA A. KOLODZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 01-719 CIVIL TERM 2001 AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a} (1) (ii) COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Jeffrey S. Kolodzi, being duly sworn according to law, depose and say that a true and correct copy of the Divorce Complaint, was served on Patricia A. Kolodzi, at 571 F Street, Carlisle, Cumberland County, Pennsylvania, 17013, by mailing the same to her by certified mail, restricted delivery, No. 7000 1530 0002 4694 5242, on August 15, 2001 Service was accepted on August 17, 2001. Sworn and subscribe~ to befor~ me this ~/~ day of , 20o . Ruby~ ,:ARLISLE MPO CARLISLE, Penrlsy]vania 170132995 06/15/Zu01 (717)243-3531 09;21:24 AM ........... Sales Re(~i~ Product Sale Unit Final Description Oty Price Price ME(HANICSBURG PA 17055 $0.80 :~ret-Class Resbicted Delivery $3,2G Return Receipt $150 Certified $2!¢ Label Serial #: 700015300buzq69452, Issue PVI: $7.60 !LISLE PA 17013 $0.57 st-Class estricted Delivery $320 sturn Receipt $1.50 ~rtified $2.10 .abel Serial #: 7000153000024~)45242 Issue PVI: $7.37 Total: $14.97 Paid by: Cash $20.00 BI, ¢ [00020o402138 Cler~: 02 · C. emplete items 1, 2, and 3. Al~o complete IMm 4 if Restricted Delivery is desired, · IMnt your name and address on the reverse · o that we can return the card to you. · Attach this card to the back of the mailpiece, er on the fmnt/f space permits. 5-]z "F" A. Received by (P/ease Print Clea~y) B. Dah~ of ~ ~ n Ad~ If YES, enter delivery addrese~alow: ri No 3. Service Type KCetifled Mail Express Mail D Registered ri Return Receipt for MerchI~e rl Insured Mail r'l C.O.D. 4. Restr~ted Deliver/? (Extra Fee) 2. A,'ticle Number (COpy from sew/ce ,~be/) -7(X)O IS3(:5 CX Oa PS Form 3811, JuJy 1999 Dem~ec R.mm ~ 102595-00-M-0952 PATRICIA A. KOLODZI PLAINTIFF V. JEFFREY S. KOLODZI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-719 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Tuesday, August 21, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 12, 2001 at 3:30 P.M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney. Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is reqtfired 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 PATRIC1A A. KOLODZI, Plaintiff JEFFREY S. KOLODZI, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-719 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ._22~ day of FD e .[~[oe~ 5' ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated April 2,2001, is hereby vacated. 2. The Mother, Patricia A. Kolodzi, and the Father, Jeffrey S. Kolodzi, shall have shared legal custody of Megan Marie Kolodzi, bom January 16, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Mother shall have primary physical custody of the Child. 4. Beginning October 17, 2001 and continuing during the school year, Father shall have partial physical custody of the child on an alternating week basis from Wednesdays after school to be picked up at the babysitter's to Monday mornings when Father will arrange to get the Child to school. 5. Mother and Father shall share physical custody during the summer school recess on a week on/week offbasis from Friday to Friday. The Child is to be picked up from the babysitter's after work on Fridays. The summer schedule shall begin the first Friday after the close of school. Father' first week shall coincide with his alternating weekly schedule. 6. Mother shall always have physical custody of the Child on Christmas Eve to Christmas Day until 12:00 Noon. Father shall always have physical custody of the Child on Christmas Day at 12:00 Noon to December 26 at 12:00 Noon. 7. Mother shall always have physical custody of the Child on Thanksgiving. Father shall always have physical custody of the Child on the day after Thanksgiving. 8. Mother shall have physical custody of the Child on Mother's Day from 8:00 a.m. to 8:00 p.m, Father shall have physical custody of the Child on Father's Day from 8:00 a.m. to 8:00 p.m. 9. Each party shall have a period of physical custody with the child on the child's birthday. Each parent shall have a period of physical custody with child on their birthday. 10. Father shall assure that the Child will attend Church on Sundays while in his custody if he is in the Carlisle area. 11. Each party shall notify the other by May 30 of each year of the Child's scheduled activities for the summer months and coordinate their week on/week off schedule to accommodate the Child's schedule. 12. Each party is entitled to liberal telephone contact with the child when in the custody of the other parent. The custodial parent shall assure that the Child will call the non-custodial parent on Mondays, Wednesdays and Fridays at 8:00 p.m. 13. Neither party shall do anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 14. Both parents shall notify the other before taking the Child out of state and supply a telephone number where the Child can be reached while out of state. 15. This Order is entered pursuant to an agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: RRoUbbeY~Dl.' ~ ,e~kr~nE, SEqsU~;eC, O~on~lsef~;a~oe~her PATRICIA A. KOLODZI, Plaintiff V. JEFFREY S. KOLODZ1, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2001-719 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Megan Marie Kolodzi DATE OF BIRTH January 16, 1994 CURRENTLY 1N CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on October 17, 2001, with the following individuals in attendance: The Father, Jeffrey S. Kolodzi, with his counsel, Ruby D. Weeks, Esquire, and the Mother, Patricia A. Kolodzi, with her counsel, Robert L. O'Brien, Esquire. 3. A previous Order of Court was entered by the Honorable J. Wesley Oler, dated April 2, 2001 providing for the parties to have shared legal custody, with Mother having primary physical custody and Father having two and three overnights per week. 4. The parties agreed to entry of an Order in the form as attached. Date · Vemey, Esquire Custody Conciliator PATRICIA A. ROLODZI Plaintiff JEFFREY S. KOLODZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-719 CIVIL TERM PETITION TO MODIFY CUSTODY TO TRE HONORABLE, THE JUDGES OF SAID COURT: 1. The Petitioner is, Jeffrey S. Kolodzi, hereafter referred to as the natural Father, residing at 18 Sussex Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Respondent is Patricia A. Kolodzi, hereafter referred to as the natural mother, residing at 571 F Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Petitioner seeks legal and physical custody of the following child: a. Name Present Residence Aqe Megan Marie Kolodzi 571 F Street 7 Carlisle, PA 17013 b. The child was born on January 16, 1994. c. The child is presently in the primary physical custody of the natural mother, who reside at 571 F Street, Carlisle, Cumberland County, Pennsylvania, 17013. The child has resided with the following persons and at the following addresses for the past 16 months: Persons Jeffrey Kolodzi Karen Kolodzi Rodger Atwood, Jr. Jeffrey Kolodzi Karen Kolodzi Rodger Atwood, Jr. Patricia A. Kolodzi Address 711 N. Pitt Street Carlisle, PA 17013 18 Sussex Drive Carlisle, PA 17013 571 F Street Carlisle, PA, Dates May 2002 - May 2003 May 2003 - Present 17013. 3 Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth~ The last conciliation and court order was October 22, 2001. A copy of the last order is attached as Exhibit Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action, There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. Pursuant to the Custody Act at 23 Pa. C.S.A. 5310 et seq., the Father requests this Court to grant an award of shared legal custody and to modify custody with each parent having 50% physical custody of the child, The best interests and permanent welfare of the child and her physical, spiritual, emotional and moral well-being will be served by granting the relief requested of continuing joint shared legal custody and shared physical custody of the child with the father and mother equally since father's work shift hours changed and is now consistently days, and the father has remarried. WHEREFORE, Defendant Father prays for an Order granting the relief requested of'joint shared legal custody and physical custody to both parents equally. Respectfully submitted, Ruby D. W~eks, Esquire Attorney for Petitioner 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : se Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing ar6 true and correct. Sworn to and subs,.cr4bed to before. _me_t~his ~5~ da~'~ of ~ - , Notary Public 5 PATRICIA A. KOLODZI, Plaintiff JEFFREY S. KOLODZI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-719 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT consideration of the attached Custody Conciliation Report, it is follows: ,2001, upon ordered and directed as 1, The prior Order of Court, dated April 2, 2001, is hereby vacated. 2. The Mother, Patricia A. Kolodzi, and the Father, Jeffrey S. Kolodzi, shall have shared legal custody of Megan Marie Kolodzi, bom January 16, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Beginning October 17, 2001 and continuing during the school year, Father shall have partial physical custody of the child on an alternating week basis from Wednesdays after school to be picked up at the babysitter's to Monday mornings when Father will arrange to get the Child to school. 5. Mother and Father shall share physical custody during the summer school recess on a week on/week off basis from Friday to Friday. The Child is to be picked up from the babysitter's after work on Fridays. The summer schedule shall begin the first Friday after the close of school. Father' first week shall coincide with his alternating weekly Schedule. 6. Mother shall always have physical custody of the Child on Christmas Eve to Christmas Day until 12:00 Noon. Father shall always have physical custody of the Child on Christmas Day at 12:00 Noon to December 26 at 12:00 Noon. 7, Mother shall always have physical custody of the Child on Thanksgiving. Father shall always have physical custody of the Child on the day after Thanksgiving. PATRICIA A. KOLODZI, Plaintiff V. JEFFREY S. KOLODZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-719 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Megan Marie Kolodzi DATE OF BIRTH January 16, 1994 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on October 17, 2001, with the following individuals in attendance: The Father, Jeffrey S. Kolodzi, with his counsel, Ruby D. Weeks, Esquire, and the Mother, Patricia A. Kolodzi, with her counsel, Robert L, O'Brien, Esquire. 3. A previous Order of Court was entered by the Honorable $, Wesley Oler, dated April 2, 2001 providing for the parties to have shared legal custody, with Mother having primary physical custody and Father having two and three overnights per week. 4. The parties agreed to entry of an Order in the form as attached. Date O~tcqu~{ine M. Vemey, Esqu/re Custody Conciliator 8, Mother shall have physical custody of the Child on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have physical custody of the Child on Father's Day from 8:00 a.m. to 8:00 p.m. 9. Each party shall have a period of physical custody with the child on the child's birthday. Each parent shall have a period of physical custody with child on their birthday. 10. Father shall assure that the Child will attend Church on Sundays while in his custody if he is in the Carlisle area. 1 I. Each party shall notify the other by May 30 of each year of the Child's scheduled activities for the summer months and coordinate their week on/week off schedule to accommodate the Child's schedule. 12. Each party is entitled to liberal telephone contact with the child when in the custody of the other parent. The custodial parent shall assure that the Child will call the non-custodial parent on Mondays, Wednesdays and Fridays at 8:00 p.m. 13. Neither party shall do anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 14. Both parents shall notify the other before taking the Child out of state and supply a telephone number where the Child can be reached while out of state. 15. This Order is entered pursuant to an agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Ruby D. Weeks, Esquire, Counsel for Father Robert L. O'Brien, Esquire, Counsel for Mother TRUE COPY FROM [~E ..... ~ PATRICIA A. KOLODZI PLAINTIFF JEFFREY S. KOLODZI DEFENDANT : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 01-719 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, Thursday, August 28, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 25, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verney, 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 hottrs 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 OIXF WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JEFFREY S. KOLODZI, Plaintiff VS. PATRICIA A. KOLODZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 01-719 CIVIL TEP. M 2001 AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : I, RUBY D. WEEKS, ESQUIRE, Attorney for Jeffrey S. Kolodzi, being duly sworn according to law, depose and say that a true and correct copy of the Custody Complaint, was served on Patricia A. Kolodzi, at 571 F Street, Carlisle, Cumberland County, Pennsylvania, 17013, by mailing the same to her by certified mail, restricted delivery, No. 7000 0860 0000 1074 5220, on August 28, 2003 Service was accepted on 8/30/03. A true and correct copy of the Custody Complaint was also served upon Robert O'Brien, Esquire, attorney for Patricia A. Kolodzi by mailing same to him by United States Mail, first class, postage prepaid on August 28, 2003. Sworn and subscr,~ed to before me this ~' day Ruby D. Weeks, ~squire CARLISLE MPO CARLISLE, Pennsylvania ~70~32935 ;/28/2003 (800)275-8777 02:55:q6 PM .-7----------- Sales Receipt oauct Sale Unit scrfptl0n Qty Price Price RLISLE PA ~7013 rat-Ciasa $0,83 Restricted Delivery Return Receipt $3.50 Certified $1.75 Label Serial #: $2.30 70020860000020745220 Zasue PVZ: $8.38 $8.38 Paid by: Cash Change Due: Bill#: ]000700520256 C)erk: 12 $30.00 Refunds only per DHH P034 Thank you for your business -- Customer CODy o $2,30 AL USE SEP 2 6 2003 PATRICIA A. KOLODZI, Plaintiff JEFFREY S. KOLODZI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-719 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court, dated October 22, 2001, is hereby vacated. 2. The Mother, Patricia A. Kolodzi, and the Father, Jeffrey S. Kolodzi, shall have shared legal custody of Megan Marie Kolodzi, bom January 16, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parties shall have shared physical custody of the Child on a week on week offbasis. The exchange day and time shall be Fridays after school. Father's week shall begin September 26, 2003, except that this first week, due to Mother having prior plans, he shall receive the Child on Sunday, September 28, 2003. Father's first full week shall begin October 10, 2003. 4. Mother shall always have physical custody of the Child on Christmas Eve to Christmas Day until 12:00 Noon. Father shall always have physical custody of the Child on Christmas Day at 12:00 Noon to December 26 at 12:00 Noon. 5. Mother shall always have physical custody of the Child on Thanksgiving from 9:00 a.m. to 9:00 p.m. Father shall always have physical custody of the Child on the day after Thanksgiving from 9:00 a.m. to 9:00 p.m. 6. Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 9:00 p.m. 7. Each party shall have a period of physical custody with the child on the child's birthday. Each parent shall have a period of physical custody with child on their birthday. 8. Father has the option of taking the Child to his church service one Sunday per month during his regularly scheduled week of custody. Otherwise, Father shall assure that the Child attends the church service of Mother's choice. Father shall also assure that the Child attends church music school every Monday from approximately 4:30 p.m. to 7:00 p.m. 9. Each party is entitled to liberal telephone contact with the Child when in the custody of the other parent. The custodial parent shall assure that the Child will call the non-custodial parent on Mondays, Wednesdays and Fridays at 8:00 p.m. 10. Neither party shall do anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 11. Both parents shall notify the other before taking the Child out of state and supply a telephone number where the Child can be reached while out of state. 12. This Order is entered pursuant to an agreement of the parties reached at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY, THEe ~-'"~COURT'~~~ cc: Ruby D. Weeks, Esquire, Counsel for Father Robert L. O'Brien, Esquire, Counsel for Mother PATRICIA A. KOLODZI, Plaintiff V. JEFFREY S. KOLODZI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2001-719 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Megan Marie Kolodzi DATE OF BIRTH January 16, 1994 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on September 25, 2003, with the following individuals in attendance: The Father, Jeffrey S, Kolodzi, with his counsel, Ruby D. Weeks, Esquire, and the Mother, Patricia A, Kolodzi, with her counsel, Robert L. O'Brien, Esquire. 3. A previous Order of Court was entered by the Honorable J. Wesley Oler, dated October 22, 2001 providing for the parties to have shared legal custody, with Mother having primary physical custody and Father having alternating weekly periods from Wednesday to Monday. 4. The parties agreed to entry of an Order in the form as attached. Date ey, Esquire Custody Conciliator