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HomeMy WebLinkAbout02-0093GOLDHERG. KATZ~AN & SHIPMAN, P.C. Paul J'. Esposito, ~ SUl~ ~.me Court ID//25454 320 Market Street, P.O. Box 126~ Hnn/sbur/, PA 1710g-1268 AV. omeys for Plaintiff GEORGE J. I-IRUSKO, JR., IN TIlE COURT OF COMMON PLEAS Plaintiff · KAREN L. JENKINS, Defendant · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. Plaintiff is GEORGE & HRUSKO, JR., who currently resides at 208 South High Street, Post Office Box 426, Summerdale, Cumberland County, Pennsylvania 17093-0426 2. Defendant is KAREN L. JENKINS, whose current residential address is 537 West Cumberland Street, Enola, Cumberland County, Pennsylvania 17025-2544. 3. Plaintiff is the Father and Defendant is the Mother &the children who are the subject of this action. 4. Plaintiff seeks primary physical and legal custody of.' Name: Brianna L. Hmsko, DOB: 4/29/86 Present Residence: 208 South High Street, Summerdale, Cumberland County, Pennsylvania Name: Alex J. Hrusko, DOB: 6/16/89. Present Residence: 208 South High Street, Summerdale, Cumberland County, Pennsylvania Both children were bom during the marriage of the Plaintiff and Defendant. 5. Both children presently reside with George J. I-Imsko, Jr., Plaintiff herein, at 208 High Street, Summerdale, Cumberland County, Pennsylvania. From May of 1997, until December 21, 2001, the parties shared physical custody of the children, wherein the children were with their Father from Friday to Sunday and with their Mother from Sunday to Friday every week. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. The best interests and permanent welfare of the children will be served by the relief requested. 10. Plaintiff has not participated as a party, witness or in another capacity or in other litigation concerning the custody of the children in this or another Court. 11. The parties are formerly husband and wife, having been divorce by Decree dated April 12, 2000. 12. Defendant currently lives with her husband, William Jenkins. 13. Plaintifflives with the children only. WHEREFORE, Plaintiff respectfully requests that the court grant primary physical and shared legal custody of the children to him. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~/~~ 3P~;ll~i?l~P° _t~0,~E~'q ' ar et Street, Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff VERIFICATION unswom falsification to authorities. I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to GEORGE J. HRUSKO, JR., Plaintiff KAREN L. JENKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-93 - Civil Term : CIVIL ACTION - LAW CUSTODY/VISITATION ACCEPTANCE OF SERVICE I, Theresa Barrett Male, Esquire, hereby accept service of the Complaint for Custody in behalf of Karen L. Jenkins, Plaintiff in the above-captioned action, and acknowledge that I am authorized to do so. Date: THERESA BARRETT MALE, ESQUIRE 73717.1 KAREN L. JENK/NS (FORMERLY HRUSKO) PLAINTIFF GEORGE J. HRUSKO, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 96-6035/~VIL ACTION LAW IN CUSTODY AND NOW, Wednesday, January 23, 2002 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Tuesday, February 12, 2002 at 11:00 AM for a Pm-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: /si Melissa p. Greew, Esa. 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 pr/or to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE HAVE AN THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 ~a-6C.I c~p bP. l KAREN L. JENKINS, Plaintiff VS. GEORGE J. HRUSKO, JR., Defendant M~'~I 8 'Z002 IN THE COURT O~ COMMON PLEAS OF: CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6035 CIVIL ACTION - LAW IN CUSTODY GEORGE J. HRUSKO, JR., Plaintiff VS. KAREN L. JENKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-93 ~ CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this <~*~'~'~ day of March, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Karen L. Jenkins and George J. Hrusko, Jr., shall have shared legal custody of their minor Children, Brianna L. Hrusko, born April 29, 1986, and Alex J. Hrusko, born June 16, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. Pursuant to the terms of 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. The following Interim Order for the physical custody and sharing of parenting time with these Children shall be in effect pending an agreement of the parties or further Order of Court: A. Mother shall have primary physioal custody. Father shall have an expanded weekend physical custody schedule which shall commence on Thursday, March 7, 2002. Father's weekend custodial period shall be defined as Thursday at 4:30 p.m. until the Children are returned to school on Monday morning. Father shall have these custodial periods on the first, second and fourth Thursday/weekends each month. 3. Unless otherwise agreed, Deborah L. Salem, MHS,CAC, is hereby appointed by the Court to provide therapeutic family counseling to the parties and to their Children to assist the parties in determining an appropriate custodial arrangement for the Children. Any un-reimbursed cost for these therapeutic services shall be shared equally by the parties. 4. Within fourteen days of the receipt of Ms. Salem's findings, counsel will notify the Court whether they intend at that time to proceed to hearing or would have a request to reconvene the Custody Conciliation Conference. THE Dist: Theresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 Paul J. Esposito, Esquire, 320 Market Street, PO Box 1268, Harrisburg, PA 17108-1268 :155476 KAREN L. JENKINS, Plaintiff VS. GEORGE J. HRUSKO, JR., Defendant ~R~8 200? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6035 CIVIL ACTION - LAW IN CUSTODY GEORGE J. HRUSKO, JR., Plaintiff VS. KAREN L. JENKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-93 CIVIL ACTION - LAW IN CUSTODY 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brianna L. Hrusko Alex J, Hrusko April 29, 1986 Father June 16, 1989 Father 2. A Custody Conciliation Conference was held on February 22, 2002, with the following individuals in attendance: the Mother, Karen L. Jenkins, and her counsel, Theresa Barrett Male, Esquire; the Father, George J. Hrusko, Jr., and his counsel, Paul J. Esposito, Esquire. 3. The parties were not able to reach an agreement as to an interim Order for the physical custody of the Children. However, the parties did agree to attend family counseling for the parties and their Children to assist the parties in determining an appropriate custodial arrangement for the Children. Therefore, the recommended Order of the Conciliator reflects the agreement of the parties with the exception of the temporary physical custody arrangement pending the outcome of the therapeutic counseling. 4. Mother's position is as follows: Mother states that she has been the Children's primary caregiver since the period of separation in 1997. She is concerned that the parties' son needs greater supervision after school in order to complete his homework. Specifically, his grades have been falling and he has been receiving detention at school for failure to complete class work. Mother describes the son as being somewhat distractible with regard to school work. Mother alleges that there are no adults home with their son from the time he gets home from school about 2:30 p.m. until Father arrives after work around 4:30 p.m. Mother alleges that Father has pressured the children by making promises to them and giving them money, which results in their preference to reside with him. Mother is also concerned that Father allows their fifteen-year-old daughter to have significant periods of unsupervised time alone with her college aged boyfriend. Mother has specifically expressed concern that Father provides transportation for the daughter to go to visit her boyfriend and spend an entire day with him at the college campus where he resides in BIoomsburg, Pennsylvania. Mother alleges that Father complains that the children's stepfather is living on the support that he provides. 5. Father's position is as follows: Father has taken a position that the children told him that they want to live primarily with him and that is the reason that he filed for primary custody. Father does not seem to be quite as concerned about the son's grades as is the Mother. However, both parents acknowledge that the child could do better and sometimes will tell them that he has no homework when, in fact, he does have homework. Despite the decline in the child's grades Father has not followed up with the teacher about whether the reports in the fall about his not doing homework continued to be a problem, and in fact, hasn't followed up or obtained any information from the school about his second marking period report card. Father complains that Mother is not sharing information regarding the children available from school. With regard to the daughter, Father describes her as a straight A student. He very much likes his daughter's boyfriend and trusts them to handle the privileges that he has given them. Both parents acknowledge concern that if they restrict the daughter's social activities too much that she will rebel. Father has taken the position that he would waive support if he is granted primary custody. 6. Conciliator's impressions: It appears that these parties have different parenting styles and that the Mother is the more strict of the two parents. It also appears that these children have reached the age at which it becomes more challenging for the parents to cope with the children's tendency to split and play one parent off the other to seek the privileges that they naturally desire as adolescents. The parties both acknowledge that there was a time when they used to be able to function as a parenting team, even post- divorce. However, their past ability to have parenting discussions and work cooperatively is not presently at the same level that it had been. It seems that these parties are both very dedicated to these children and would be willing to attempt to regain their prior ability to parent cooperatively as these children continue through adolescence. Date Melissa Peel Greevy, Esquire Custody Conciliator GEORGE J. HRUSKO, JR., Plaintiff V. KAREN L. JENKINS, Defendant MAY ]. ~ 2002 ~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-93 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this /~lf~'~ day of May, 2002, it is hereby ordered that the above captioned action is consolidated with the prior action in this matter docketed to No. 96-6035. BY T :~ Edward E. Guido, J. Dist: Karen L. Jenkins, pro se, 537 W. Cumberland Road, Enola, PA 17025 Paul J. Esposito, Esquire, 320 Market Street, PO Box 1268, Harrisburg, PA 17108-1268 '1 ~AY ~ ~ ~00~ ~ KAREN L. JENKINS, Plaintiff V, GEORGE J. HRUSKO, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6035 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GEORGE J. HRUSKO, JR., Plaintiff V. KAREN L. JENKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-93 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY GUIDO, J. --- ORDER OF COURT AND NOW, this / ~ j~ day of May, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Karen L. Jenkins and George J. Hrusko, Jr., shall have shared legal custody of their minor Children, Brianna L. Hrusko, born April 29, 1986, and Alex J. Hrusko, born June 16, 1989. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions regarding their health, education and religion. Pursuant to the terms of 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. The parties shall share physical custody of the minor children in the color coded schedule provided as an attachment as Exhibit A. This schedule is highlighted in color. The colored areas reflect those times during which the children are in the custody of Father. In addition to the non-highlighted times, Mother shall have up to six (6) weekends per year of physical custody. NO. 96-6035 CIVIL TERM NO. 02-93 CIVIL TERM 3. Holidays. The parties shall share and/or alternate holidays as they may agree. 4. Unless otherwise agreed, Deborah L. Salem, MHS, CAC, is hereby appointed by the Court to provide therapeutic family counseling to the parties and to their children to assist with regard to the younger child's behavioral difficulties at school and difficulties with authority. Any un-reimbursed cost for these therapeutic services shall be shared equally by the parties. 5. It is the expectation of the Court that the parties shall insist that the children follow the terms of the Custody Order. Therefore, the parent whose period of custody is ending shall be responsible for transporting the children to the parent whose custodial period is beginning. BY THE C~=..~ Edward E. Guido, J. Dist: Karen L. Jenkins, pro se, 537 W. Cumberland Road, Enola, PA 17025 Paul J. Esposito, Esquire, 320 Market Street, PO Box 1268, Harrisburg, PA 17108-1268 PLANNING CALENDARS Calendar for 2002 JANUARY FEBRUARY MARCH APRIL MAY JUNE TWT F S MTWT FS SMTWT F MTWT F M'rWT F M W 1 2 12 3 4~J 6 1 2 3 4 1 12345 12 6 7 8 9101112 3 4 5 6 7 8 9 4 5 6 7 8 9 7 8 91011t213 5 6 7 8 91011 ). 3 4 5 6 7 8 13141516171819 1011 1213141516 1011 1213141516 14151617181920 12131415161718 9 10!1 12131415 20 21 22 23 24 25 26171819 20 21 22 23 17 1819 20 21 22 23 21 22 23 24 25 26 2719 29 21 22 23 24 251617 ;8 ~9 20 21 22 27 28 29 30 31 26 27 28 24 25 26 27 28 29 3030 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 JULY AUGUST SEPTEMBER OCTOBER NovEMBER TWT F S MTWT F S MTWT F S SMTWT F S M'[W F MTW F 12 1234567 123456 123 1234567 12345 7 8 910111213 4 5 6 7 8 910 8 91011121314 7 8 9101112 t 4 5 6 7 8 9 8 9;011121314 14151617181920 11121314151617 15161718192021 13141516171819 10111213141516 15161718192021 1 22 23 24 25 26 27 181920 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 ~,819 20 21 22 23 22 23 24 25 26 27 28 29 30 31 252627 28 29 30 31 29 30 27 28 29 30 31 4 25 26 27 28 29 30 29 30 3t ~MTWT F S 1234 5 8 7 8 9 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SMTWTFS 12345: 5 7 8 9 i011 12 33~,41516 171819 20 21 22 23 24 25 2~ 27 28 29 30 31 1 345678 · 9 1011 12131415 16171819 20 21 22 ~.3 24 ~.5 26 27 28 Calendar for 2003 MARCH APRIL sMTWT ~MTWT F S 1 12345 3 4 5 8 7 8 7 8 9 101112 9 !011 ~2131415 13141516171819 16171819 20 21 22 20 21 22 23 24 25 26 23 2~ ~.5 26 27 28 29 27 28 29 30 · 30 31 SEPTEMBER OCTOBER ~MTWT F S SMTWT F S 1234 MAY ~5,578910 11 ;2:314151617 18 ~ 9 20 2! 22 23 24 ~ '~5 o7 '~8 ~,c~ 3031 MTWTFS 12 123456 4 5 8 7 8 9 7 8 9 10111213 101'[ 121.,31.41516 1415!617~1.81920 171819 L021 22 23 21 2223242526 27 24252827 382939 282930 31 ___.__------- JUNE MTWTFS 2 3..t567 3 9 ~0'H 121314 15 ;8:7 ~,8192021 2223 24252627 28 93O sMTWT F S~ 1. i'~34561 5 8 7 8 91011 2 ': 4 5 5 7-5 7 --, .: 10111213t 121314'~5161713 9 !0 :~ !2'131415 "4'~5'5:71819201 1920 21 222324 25 ~ ,517 81920 21 22 2! ;22"3 ",425 2627 ! 2627 28 2930 31 23 ? 25 ~6 27 2829 2839 ~:031 Calendar for 2004 JANUARY FEBRUARY MARCH APRIL ~ MAY JUNE MTWT F TWT F WT F MTWT F TWT F S 1 '~2345 123 234567 123456 123 4 5 6 7 8 910 8 91011121314 r 8 910111213 5 5.7 8 910 2 3 4 5 6 7 8 ~ 7 5 9101112 1121314151617 15161718192021 14151617181920 1112131~151617 9~0U12131415 1314~516171819 19 20 21 22 23 24 22 23 24 25 26 27 28 21 22 23 24 25 26 27 1819 ~0 21 22 23 24 1617 ~819 20 21 22 20 21 22 23 24 25 26 23 >4 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 29 28 29 30 31 25 26 27 2829 30 - DECEMBER ~ SEPTEMBER OCTOBER M T W T F S JULY T W F MTWT F S M W F 1 2 3 4 123 1234567 1234 12 123456 7 8 9 10111213 5 6 7 8 9 1011 4 5 6 7 8 910 8 91011121314 5 6 7 8 91011 3 4 5 6 7 8 g 11121314151617 15161718192021 12131415161718 10111213141516 14151617181920 12131415161718 18192021222324 22232425262728 19202122232425 17181920212223 21222324252627 19202122232425 '~5 '~6 27 28293031 293031 26272829 30 242526 272829 30 ?_82930 2627 2829 30 31 KARl,1 L. d]~E[INS V. ~ J. [-]RUSKO, JR. NO. 96-6035 CIVIL TE[~M KAREN L. JENKINS, Plaintiff V, GEORGE J. HRUSKO, JR., Defendant GEORGE J. HRUSKO, JR., Plaintiff V. KAREN L. JENKINS, Defendant MAY :] 3 2002' "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6035 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-93 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 children who are the subject of this litigation is as follows: NAME Brianna L. Hrusko Alex J. Hrusko DATE OF BIRTH April 29, 1986 June 16, 1989 CURRENTLYINTHE CUSTODY OF Mother Mother 2. A Custody Conciliation Conference was held on May 7, 2002 pursuant to Mother's Petition for Contempt filed on April 23, 2002. The parties' most recent Custody Order is dated March 22, 2002. Present for the conference were the Mother, Karen L. Jenkins, who appeared pro se; the Father, George J. Hrusko, Jr. Mr. Hrusko represents that he is represented by Paul J. Esposito, Esquire but that he asked Mr. Esposito not to attend the conference. 3. After a lengthy conference with the parties in which a numbered of options were discussed and considered by each side, the parties reached an agreement that Mother would withdraw her Petition for Contempt upon Father's agreement to a modified NO. 96-6035 CIVIL TERM NO. 02-93 CIVIL TERM physical Custody Order which she presented for his review. At the time of the conference, Father was provided with a color coded calendar to review which indicated the days which she proposed the children would be in his custody. The schedule approximates a shared physical custody plan. Their agreement was entered with a proviso that Mother be allowed up to six (6) custodial weekends per year. Additionally, the parties agreed to attend counseling with regard to the functioning of the parties' youngest child. 4. The parties agreed to participate in counseling in particular to benefit their son, Alex. Alex continues to have difficulties with behavior at school and has presently received detention as a result thereof. Additionally, his grades are apparently somewhat less than his abilities demonstrate as they have been in the past. D,~'te ~ / Melissa Peel ~,reevy, Esquire Custody Conciliator : 158082