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Home My WebLink About02-1585 NM t' -- CD Je Z 'C J 'C:, C') ? c om 77 Y - 3r TYPE OF PLEADING: Petition for Special Relief /Injunction PREPARED AND SUBMITTED BY: Diane G. Radcliff, Esquire Attorney for Defendant BEFORE: The Honorable Kevin A. Hess APPEARANCES BY ATTORNEYS ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT JOHN J. GAJEWSKI MARIE C. GAJEWSKI David R. Getz, Esquire 508 North Second Street Harrisburg, PA 17101 Work: 717-234-4182 Fax: 717-234-4224 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Supreme Court ID # 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. GAJEWSKI, Plaintiff v MARIE C. GAJEWSKI, Defendant NO. 02-1585 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioner, Marie C. Gajewski, by her Attorney, Diane G. Radcliff, Esquire, files the above referenced Emergency Petition and represents that: 1 at,t k A 70• ° ° .4- 1(090 1. Your Petitioner is Marie C. Gajewski (hereinafter referred to as "Mother") and is the Defendant in the above captioned custody action and resides at 99 Lee Ann Court, Enola, PA 17025 2. Your Respondent is John J. Gajewski (hereinafter referred to as "Father") and is the Plaintiff in the above captioned custody action and resides at 1 Field Lane, Litiz, PA 17543. 3. The following attorneys have entered their appearances in this case: (a) David R. Getz, Esquire for Plaintiff; (b) Diane G. Radcliff, Esquire for Defendant . 4. A copy of this Petition is being provided to David R. Getz, Esquire concurrently with this filing. He has not been asked to consent to the relief requested in this Petition due to the emergency involved. 5. The Honorable Kevin A. Hess in the only judge assigned to this case. 6. The parties are the parents of a minor child, Matthew C. Gajewski, (hereinafter referred to as "Child"), age 8, born October 18, 2001. 7. Custody of the Child is governed by an Order of Court dated August 29, 2005. A true and correct copy of the Order of Court is attached hereto, marked Exhibit "A" and made a part hereof ("8/29/05 Order"). 8. Pursuant to the 8/29/05 Order, the parties share legal custody of the Child. 9. Pursuant to the 8/29/05 Order Mother has primary physical custody and Father has partial physical custody of the Child. 10. The Child has a recent history of mental health issues which has resulted in his treatment by Dr. Jose Delerme, a psychologist and Dr. Paul Conti, a psychiatrist. 11. The Child's mental health issues have expressed themselves in a confirmed diagnosis of ADHD and in serious episodes of violence directed at Mother. 2 12. The cause of the violence has not yet been determined, although this week both Dr. Delerme and Dr. Conti have recommended that the Child be placed in a day program at Phil Haven. 13. Additionally, Dr. Conti has further indicated that he would like to try the Child on Risperdal to see if it will help control his violence. 14. Father has been advised of these treatment recommendations and has refused both forms of treatment. 15. The parties are unable to agree on the aforesaid medication issue and Phil Haven day program and because of the legal custody provisions in the Order the child may not receive that treatment without court authorization. 16. An emergency exists as the treatment is needed immediately to stop or control the Child's violent behavior which has been escalating. 17. Mother has incurred attorneys fees and costs in bring this action claim is made therefor. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order: A. Directing that the Child be prescribed and both parents administer Risperdal if and as prescribed by Dr. Conti B. Directing that the Child be placed into the day program at Phil Haven as recommended by Dr. Delerme and Dr. Conti; C. Requiring Father to pay Mother's reasonable attorneys fees and costs incurred regarding the matters governed by this Petition. ectfully submitted, D NE G. RA CLIFF, ESQUIRE 3448 Road Camp Hill, PA 17011 Supreme Court ID # 32112 Attorney for Petitioner 3 VERIFICATION Marie C. Gajewski verifies that the statements made in this Petition are true and correct. Marie C. Gajewski understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Marie C. Gajewski Date: September 16, 2010 4 CERTIFICATE OF SERVICE 1, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 17, 2010, 1 served a true and correct copy of the foregoing petition for Emergency Relief upon Respondent's Attorney by fax to David R. Getz, Esquire @ 717-234-4224 and by mailing same by first class mail, postage prepaid, addressed as follows: David R. Getz, Esquire 508 North Second Street Harrisburg, PA 17101 D G. RA CLIFF, ESQUIRE 344 nn e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 EXHIBIT "A" 8/29/05 COURT ORDER 2-CE.tr LJ AUC w v JOHN J. GAJEWSKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02-1585 CIVIL TERM MARIE C. GAJEWSKI, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14 = day of, 2005, upon consideration of the attached Stipulation, it is ordered and irected as follows: 1. The Father, John J. Gajewski, and the Mother, Marie C. Gajewski, shall have shared legal custody of Matthew C. Gajewski, born October 18, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decision affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. Until the Child's fourth birthday on October 18, 2005, the Father shall have partial physical custody of the Child on alternating weekends from Saturday at 4:00 a.m. through Sunday at 5:00 p.m., beginning Saturday, May 21, 2005, and during weeks following the Mother's weekend periods of custody, on Monday from 4:00 p.m. until 6:00 p.m. The Father shall contact the daycare provider if he plans to pick up the Child prior to 4:00 p.m. 4. Beginning on October 21, 2005, the Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:30 p.m. through Sunday at 4:30 p.m. and every Wednesday from 4:00 p.m. until 6:00 p.m. The Father shalt notify the daycare provider in the event he intends to pick up the Child earlier than 4:00 p.m. 5. The parties shalt share or alternating having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 6:00 p.m. through Christmas Day at 1:00 EXHIBIT "A" p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 6:00 p.m. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In 2005, the Father shall also have custody of the Child from December 28 at 6:00 p.m. through January 1 at 4:00 p.m. In future years, the parties shall equally share the remaining school holiday break after Segment B, with the specific dates and times to be arranged by agreement between the parties. B. Alternating Holidays: The parties shall alternate having custody of the Child from 9:00 a.m. until 6:00 p.m. on Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving Day each year. In even numbered years, the Father shall have custody of the Child on Easter, Independence Day, and Thanksgiving and the Mother shall have custody of the Child on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter, Independence Day, and Thanksgiving and the Father shall have custody on Memorial Day and Labor Day. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 a.m. until 6:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall be entitled to have a one-week period of uninterrupted custody with the Child in 2005, upon providing at (east 30 days advance notice to the other party. Periods of custody under this provision shalt be scheduled from Friday through Friday and shall include each party's regular weekend period of custody. The party providing notice first shall be entitled to preference on his or her selection of vacation dates under this provision. The parties shall attempt to be reasonable in accommodating special scheduling needs for travel/rental schedules. Each party shall be entitled to have custody of the Child for two non- consecutive uninterrupted weeks beginning in 2006 and either party may request a review regarding expansion of the vacation schedule in future years. 7. In the event either party intends to remove the child from his or her residence for an overnight period or longer, that party shall notify the other party in advance and shall provide information concerning the address and telephone number where the Child can be contacted. 8. The non-custodial parent shall be entitled to have reasonable telephone contact with the Child with no interference or participation (listening in on the conversation) by the other party or third parties. 9. The parties shall cooperate in exchanging information regarding the Child in a civil and cooperative manner. 10. Unless otherwise agreed between the parties, exchanges of custody under this Order shall take place at the Bob Evans restaurant at the Swatara Exit off 1-283, with the exception of the weekday evening periods of custody, which shall take place at the River of God Church in Enola, Pennsylvania. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. This Order is entered pursuant to an agreement of the parties. 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 to: David R. Getz, Esquire, 508 N. Second Street, Harrisburg, PA 17101, counsel for Father Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hilt, PA 17011, counsel for Mother rRUE COPY FRCM RECOFtu ?fl Te"kww WOW W, J here Uft sm my harw did tW s" of SW at QVlfedl, pL Prothonotary ~p 17 X010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. GAJEWSKI, N0. 02-1585 CIVIL TERM Plaintiff CIVIL ACTION -LAW ~ ~ a v -,~, ~ ~ ~n "~ IN CUSTODY ,~~ " ~ mar= MARIE C. GAJEWSKI, nr ru ~° ..~ D Defendant r--r-~- ca ~"'~' ° -.'-~ RULE TO SHOW CAUSE ~;c ~? °_,~ RE: MARIE C. GAJEWSKI'S PETITION FOR EMERGENCY REL{EF ~ „~"-' K AND NOW, this ,o~ day of , 2010, upon consideration of the within Petition, IT IS HEREBY ORDERED that a Rule is issued upon Respondent, John J. Gajewski, to show cause why this Court should not grant the Petitioner the relief requested in the within Petition. Rule Returnable at a hearing scheduled for the ~ day of 6~~~~Q , 2010 at ~ _ o'clock ~D .m. in Courtroom No. ~ , of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: Judge Distribution of this Order to: ~ A torney for Petitioner: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Respondent: David R. Getz, Esquire, 508 North Second Street, Harrisburg, PA 17101 o h n J. foci J e w sk~+ ~ .P E cu n ~-t-~. ~o t~.s' rn~,i(~ ~'i ~ rD l~