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HomeMy WebLinkAbout04-4177MICHAEL J. MURAWSKI, Plaintiff MICHELENE R. MURAWSKI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. O ~t~ - qt"~'~ Civil Term : : IN CUSTODY PETITION FOR CUSTODY AND NOW COMES, Petitioner, Michael J. Murawski, by and through his atorney, Jane Adams, Esquire, and respectfully represents the following: 1. Plaintiff is Michael J. Murawski, who currently resides at 1331 Blue Jay Drive, Pittsburgh, Allegheny County, Pennsylvania, 15243. 2. Defendant is Michelene R. Murawski, who currently resides at 39 W. Pomfret St., Carlisle, Pa. 17013. 3. Plaintiff seeks to request a custody order regarding the following child: NAME Sara M. Murawski DOB August 19, 1991. ADDRESS 39 W. Pomfret St. Carlisle, Pa. 17013 The child was bom in wedlock. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Michelene R. Murawski Michelene Murawski Robin Poindexter The mother of the child is: ADDRESSES 39 W. Pomfret St. Carlisle, Pa. 17013 Apaloosa Trail Virginia Michelene R. Murawski. DATES 2002 - 2004 1999-2002 She is married to Robin Poindexter, who currently lives in Virginia. The father of the child is: Michael J. Murawski, He is divorced from Michelene R. Murawski. 4. The relationship ofplaintiffto the children is that of Father. The persons that the Plaintiff currently resides with are: his parents. 5. The relationship of defendant to the children is that of Mother. The defendant currently resides with: the child. 6. In 1999, Plaintiff participated in a custody action regarding this child in the Circuit Court of the City of Virginia Beach, Virginia; however, the child and neither party currently lives in Virginia and Petitioner has been in contact with his Virginia attorney to discuss filing a motion to have Virginia relinquish jurisdiction. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who 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: Father is not requesting primary custodw but is requesting additional periods of partial custody with the child since his contact with the child has been very limited. Father believes it would be in the best interest of the child to have additional contact with her father. 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. WHEREFORE, Plaintiffrequests the court to grant custody of the child. Date: spect fully submitted, 8qo.: 7~9465 ,outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I 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 unswom falsification to authorities. Date: Michael Jfl~urawski~ 131ainti~, MICHAEL J. MURAWSKI PLAINTTFF V. MICHELENE R. MURAWSKI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4177 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 31, 2004 , npon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beibre Jaequeline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 21, 2004 at 9:30 AM for a Pre-Heating Custody Conference. At such conference, an eftbrt 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 apl>ear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali 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/ facqueline M. Verney, Esq. Custody Conciliator rnhc 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 befbre 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 Telephone (717) 249-31,66 MICHAEL J. MURAWSKI, Plaintiff MICHELENE R. MURAWSK1, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 4177 Civil Term : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this September 14, 2004, I, Jane Adams, Esquire, hereby certify that on September 14, 2004 a certified true copy of the CUSTODY PETITION was served, via certified mail, return receipt requeste~ addressed to: Michelen Murawski 39 W. Pomfret St. Carlisle, Pa. 17013 DEFENDANT .sp~e~.~t t3ally ~itted: · 'J/~Adeans, Esquire 0'9' No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTOPdSIEY FOR PLAINTIFF MICHAEL J. MURAWSKI, Plaintiff V. MICHELENE R. MURAWSKI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04 - 4177 Civil Term : : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this September 14, 2004, I, Jane Adams, Esquire, hereby certify that on September 13, 2004 a certified true copy of the ORDER SETTING A CUSTODY HEARING was served, via certified mail, return receipt requested, addressed to: Miehelen Murawski 39 W. Pomfret St. Carlisle, Pa. 17013 DEFENDANT ill ~ ~1 7[103 2260 0000 8703 0136 Respectfully Sub~aiO, ed2. --/an~ Adam:~, Esquire // I./D. No. 79 ~65 [,./36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ent By: 'Mar'k ~ Matey Esq; 717 241 3099~ 0ct-5-04 4:36PM; Page 2/2 MICHAEL J. MURAWSKI, Plaintiff MICHELENE R. MURAWSKI, Defendant : 1N THE COUR'r OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTIOn' - LAW : NO. 04-4177 : IN CUSTODY WITHDRAWAL OF APPEARA~NCE Please withdraw my appearance in thc above-captioned matter on behalf of the De£end~t, Michelene R. Muraw~ki. Respectfully submitted, Edward F, 'Welsh, Esquire 429 4 Avenue Pittsburgh, PA 15219 ENTRY OF APPEARANCE Please emer my appearance in the above-captioned matter on behalf of Defendant, Michelene R. Murawski. Dated: Respectfully submitted, Mark A. M:ateya, ESq~)e ~ Attorney I,D. No. 7893 I P.O, Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Defendant CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Praecipe for Withdrawal/Entry of Appearance, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: JANE ADAMS ATTORNEY AT LAW 36 SOUTH PITT STREET CARLISLE PA 17013 DATED: ~ A. Mateya, Egquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Defendant MICHAEL J. MURAWSKI, Plaintiff, V. MICHELENE R. MURAWSKI, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004-4177 CIVIL TERM :IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Plaintiff, Michael J. Murawski, by and through his attorney, Jane Adams, Esquire, and respectfully requests that his hearing be continued. In support thereof it is respectfully represented that: 1. Plaintiff is Michael J. Murawski, of 1331 Blue Jay Drive, Pittsburgh, Pennsylvania, 15213. 2. Defendant is Michelene R. Murawski, of 39 W. Pomfret Street, Carlisle, Pennsylvania, 17013. 3. Plaintiff and Defendant are the natural parents of Sara M. Murawski, (hereinafter referred to as "Child") whose date of birth, August 19, 1991. 4. On September 24, 2004, after a custody conciliation, an Order of Court was entered regarding custody of the Child and a heating date was set for December 1, 2004 at 9:30 a.m. 5. Counsel for Plaintiff and Defendant are currently assisting the parties in reaching a custody agreement and stipulation. 6. Plaintiff requests a continuance of the hearing date in order to give the parties more time to reach an agreement regarding custody. 7. Counsel for Defendant has indicated in writing that he is in agreement with the requested continuance. (Please see Exhibit A). WHEREFORE, Plaimiff, Michael J. Murawski, respectfully requests this Honorable Court to grant a continuance in this matter. Date: Respectfully submitted, (717) 245-8508 ATTORNEY FOR PLAINTIFF Mark A. Mateya Attorney at Law Post Office Box 127 Boiling Springs, Pa 17007-0127 Phone 717-241-6500 Fax 717-241-3099 November 12, 2004 Jane Adams, Esq. 36 South Pitt Street Carlisle, Pa 17013 Re: Murawski v. Murawski 2004-4177 CIVIL TERM Dear Jane, I am writing concerning the above-referenced case. In light of the anticipated signing of the Agreement and Stipulation regarding custody in this case, I would like to ask your concurrence on a sixty (60) day general continuance for the upcoming custody trial. I believe it is in everyone's best interest to resolve the issues between our clients with an agreement as opposed to a full blown trial. Please contact me at your earliest convenience regarding this proposal. You may contact me at (717) 241-6500 or by e-mail at mmateya~verizonmail.com. Sincerely, Mark A. Mateya, Esq. MAM/aa cc: Michelene Murawski www.mateyafamilylaw.com CERTIFICATE OF SERVICE AND NOW, this November 16, 2004, I hereby certify that a copy of Plaintiff's MOTION FOR CONTINUANCE has been duly served upon Defendant's counsel by placing such in the custody of the United States Postal Service, via regular mail, postage pre-paid addressed to: Mark Mateya, Esquire P.O. Box 127 Boiling Springs, Pa. 17007 ATTORNEY FOR DEFENDANT (717) 245-8508 ATTORNEY FOR PLAINTIFF MICHAEL J. MURAWSKI, Plaintiff MICHELENE R. MURAWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4177 CIVIL TERM IN CUSTODY STIPULATION AND AGREEMENT REGARDING CUSTODY/VISITATION Plaintiff Michael J. Murawski, hereinafter referenced as "Father," and Defendant Michelene R. Murawski, hereinafter referenced as "Mother," hereby agree to the following terms regarding custody and visitation rights and responsibilities in relation to Sara M. Murawski, born on August 19, 1991, hereinafter referenced as "Child:" 1. Mother shall have primary physical custody of thc child. Mother and father shall have joint legal custody of the child. Father shall have periods of partial custody, as listed below. 2. WHEREAS, the parties desire the provisions of the present Child Custody Stipulation and Agreement to be approved by This Honorable Court and entered as a Court Order with thc same force and effect as though said Order had been entered after Petition, Notice and Hearing. As provided in 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to thc child's mental, dental, religious and academic school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary custody of the child subject to thc following periods of partial custody with the Father: a) The first Saturday of every month from 7:30 p.m. to 9:30 p.m. b) The parties agree to visitation of the father on holidays, as follows: (1) Thanksgiving, Winter Break, Child's Spring Break (from School and Ballet), on the first full day of the break. This includes one full day, defined as 9:00 AM to 9:00 PM and is to be exercised in Carlisle, PA. (2) Father's time with the child does not include overnights. c) In the event that the child has a ballet, school, or PSSA testing obligation scheduled during father's visitation time, the child's obligation shall take precedence and father shall not exercise visitation rights, but will cooperatively reschedule his visit. Father is guaranteed make up time. d) Such other times as the parties agree. Such other agreed upon times must be agreed to by each party, reduced to writing, and signed by each party. e) Visits by the father are to take place in Carlisle, PA or local vicinity thereof. Such other places of visitation shall be at the parties agree, reduced to writing, and signed by each party. 4. The parties shall not consume alcohol to the point of intoxication in the presence of the child, nor shall they use illegal or illicit drugs. 5. Transportation shall be the responsibility of Mother. 6. Each party agrees to address medical needs of child as they arise, including any special needs child may have due to then-existing health conditions. Each party further agrees to seek appropriate medical attention for child as the need arises. 7. Each parent shall permit reasonable telephone contact with the non-custodial parent while the child is in his or her custody. However, due to father's limited periods of partial custody, the child will limit her use of the cell phone during his periods to situations where cell phone use is absolutely necessary. 8. Neither party shall make any disparaging remarks or inappropriate remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging or inappropriate remarks concerning the other party in the presence of the child. 9. The parties should relate to each other in a manner such as one would behave in a healthy, communicative business setting. Any deliberate attempts or outbursts of rage by either party to upset the child, whether in matters pertaining to the other parent, or in any matter, are forbidden. Likewise, the parties are required to behave civilly and cordially towards one another. The focus of all discussions between the parties shall be in reference to and about the child. 10. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement and signed by both of the parties. 11. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother's attorney is Mark A. Mateya, Esquire. Father's attorney is Jane Adams, Esquire. 12. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. Date Date Date Date Michael J.J~atawsk', Witness MICHAEL J. MURAWSKI, Plaintiff, V. MICHELENE R. MURAWSKI, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004-4177 CIVIL TERM :IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Plaintiff, Michael J. Murawski, by and through his attorney, Jane Adams, Esquire, and respectfully requests that his hearing be continued. In support thereof it is respectfully represented that: 1. Plaintiff is Michael J. Murawski, of 1331 Blue Jay Drive, Pittsburgh, Pennsylvania, 15213. 2. Defendant is Michelene R. Murawski, of 39 W. Pomfi'et Street, Carlisle, Pennsylvania, 17013. 3. Plaintiff and Defendant are the natural parents of Sara M. Murawski, (hereinafter referred to as "Child") whose date of birth, August 19, 1991. 4. On September 24, 2004, after a custody conciliation, aaa Order of Court was entered regarding custody of the Child and a hearing date was set for December 1, 2004 at 9:30 a.m. 5. Counsel for Plaintiff and Defendant are currently assisting the parties in reaching a custody agreement and stipulation. 6. Plaintiff requests a continuance of the hearing date in ,order to give the parties more time to reach an agreement regarding custody. 7. Counsel for Defendant has indicated in writing that he,, is in agreement with the requested continuance. (Please see Exhibit A). WHEREFORE, Plaintiff, Michael J. Murawski, respectfully requests this Honorable Court to grant a continuance in this matter. Respectfully submitted, li~dams, Esquire No. 79465 uth Pitt Street sle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Mark A. Mateya Attorney at Law Post Office Box 127 Boiling Springs, Pa 17007-0127 Phone 717-241-6500 Fax 717-241-3099 November 12, 2004 Jane Adams, Esq. 36 South Pitt Street Carlisle, Pa 17013 Re; Murawski v. Murawski 2004-4177 CIVIL TERM Dear Jane, I am writing concerning the above-referenced case. In light of the anticipated signing of the Agreement and Stipulation regarding custody in this case, I would like to ask your concurrence on a sixty (60) day general continuance for the upcoming custody trial. I believe it is in everyone's best interest to resolve the issues between our clients with an agreement as opposed to a full blown trial. Please contact me at your earliest convenience regarding this proposal. You may contact me at (717) 241-6500 or by e-mail at mmateya~verizonmail.com. Sincerely, Mark A. Mateya, Esq. MAM/aa cc: Michelene Murawski www.mateyafamilylaw.com CERTIFICATE OF SERVICE AND NOW, this November 16, 2004, I hereby certify that a copy of Plaintiff's MOTION FOR CONTINUANCE has been duly served upon Defendant's counsel by placing such in the custody of the United States Postal Service, via regular mail, postage pre-paid addressed to: Mark Mateya, Esquire P.O. Box 127 Boiling Springs, Pa. 17007 ATTORNEY FOR DEFENDANT Jgff~dams, Esquire /A(.D] No. 79465 3~/South Pitt Street '~arlisle, Pa. 17013 (717) 245-8508 ATTORNEY' FOR PLAINTIFF MICHAEL J. MURAWSKI, Plaintiff, V. MICHELENE R. MURAWSKI, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004-4177 CIVIL TERM :IN CUSTODY ORDER AND NOW, this -? ? ~ day of November, 2004, after consideration of the Plaintiff's Motion for Continuance in the above-captioned matter, it is hereby ordered that the hearing scheduled in this matter is continued to the ~ day of ~ / 200.5/, at ~?;~4t~ o'clock a..m. in Courtroom No.~'ofthe Cumberland County Courthouse, Carlisle, Pennsylvania. cc: sflfifie_~dams, Esquire d~rk Mateya, Esquire BY THE COURT: II-BO MICHAEL J. MURAWSKI, Plaintiff MICHELENE R. MURAWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-41'77 CIVIL TERM IN CUSTODY STIPULATION AND AGREEMENT REGARDING CUSTODY/VISITATION Plaintiff Michael J. Murawski, hereinafter referenced as "Father," and Defendant Michelene R. Murawski, hereinafter referenced as "Mother,'~' hereby agree to the following terms regarding custody and visitation rights and responsibilities in relation to Sara M. Murawski, bom on August 19, 1991, hereinafter refi~renced as "Child:" 1. Mother shall have primary physical custody of thc child. Mother and father shall have joint legal custody of the child. Father shall have periods of partial custody, as listed below. 2. WHEREAS, the parties desire the provisions of the present Child Custody Stipulation and Agreement to be approved by This Honorable Court and entered as a Court Order with the same force and effect as though said Order had been entered after Petition, Notice and Heating. As provided in 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the child's mental, dental, religious and academic school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary custody of the child subject to the following periods of partial custody with the Father: a) The first Saturday of every month from 7:30 p.m. to 9:30 p.m. b) The parties agree to visitation of the father on holidays, as follows: (1) Thanksgiving, Winter Break, Child's Spring Break (from School and Ballet), on the first full day of the break. This includes one full day, defined as 9:00 AM to 9:00 PM and is to be exercised in Carlisle, PA. (2) Father's time with the child does not i:aclude overnights. c) In the event that the child has a ballet, school, or PSSA testing obligation scheduled during father's visitatio~ time, the child's obligation shall take precedence and father shall not exercise visitation rights, but will cooperatively reschedule his visit. Father is guaranteed make up time. d) Such other times as the parties agree. Such other agreed upon times must be agreed to by each party, reduced to wrdting, and signed by each party. e) Visits by the father are to take place in Carlisle, PA or local vicinity thereof. Such other places of visitation shall be at the parties agree, reduced to writing, and signed by each party. 4. The parties shall not consume alcohol to the point of intoxication in the presence of the child, nor shall they use illegal or illicit drags. 5. Transportation shall be the responsibility of Mother. 6. Each party agrees to address medical needs of child as they arise, including any special needs child may have due to then-existing health conditions. Each party further agrees to seek appropriate medical attention for child ;as the need arises. 7. Each parent shall permit reasonable telephone contact with the non-custodial parent while the child is in his or her custody. However, due to father's limited periods of partial custody, the child will limit her use of the cell phone during his periods to situations where cell phone use is absolutely necessary. 8. Neither party shall make any disparaging remarks or inappropriate remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging or inappropriate remarks concerning the other party in the presence of the child. 9. The parties should relate to each other in a maimer such as one would behave in a healthy, communicative business setting. Any deliberate attempts or outbursts of rage by either party to upset the child, whether in matters pertaining to the other parent, or in any matter, are forbidden. Likewise, the parties are required to behave civilly and cordially towards one another. The focus of all discussions between the parties shall be in reference to and about the child. 10. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement and signed by both of the parties. 11. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother's atto:mey is Mark A. Mateya, Esquire. Father's attorney is Jane Adams, Esquire. 12. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. Date Date Date Date Michael J.~i~awski Witnes~,~ Wimess MICHAEL J. MURAWSKI, Plaintiff, V. MICHELENE R. MURAWSKI, Defendant :lN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004-4177 CIVIL TERM :IN CUSTODY ORDER OF COURT AND NOW, this 2- ~'~ Day of ~> c_. c 200_~__, it is hereby ORDERED and DECREED that the stipulation and agreement regarding custody/visitation entered into by the parties on December 14, 2004, and filed December 16, 2004, is hereby entered as an ORDER of Court. CC: .~ek Mateya, Esquire Adams, Esquire D MICHAEL J. MURAWSKI, Plaintiff SEP ~4 : IN THE COURT OF COMMON PLEA~OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION .. LAW MICHELENE R. MURAWSKI, Defendant : NO. 2004-4177 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ; d I{ day of <;(" Jj + , 2004, upon consideration of the attac~ody Conciliatio Report, It IS ordered and dIrected as follows: 1. A Hearing is scheduled in Court Room No, _ I , of the Cumberland County Court House, on the , IJ:/ day of J)",~ , 2004, at ~: 30 o'clock, A. M" at which time testimony will be taken, For purposes of is Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody,. a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date, 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect; 3. The Father, Michael J, Murawski, and the Mother, Michelene R. Murawski shall have shared legal custody of Sara M. Murawski, born August 19, 1991. 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, 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods ofpartiial physical custody of the child beginning October 2, 2004: A. The first Saturday and Sunday of every month, on Saturday from 7:30 p.m, to 9:30 p.m, and on Sunday from 5:00 p.m. to 7:00 p.m, In the event that the child's ballet performance conflicts with said times, father shall be guaranteed makeup time, B. Such other times as the parties agree. Vi!\f'1i\l,\SN\'l3d t "Inr - r," 'j"'" ,~..r.'''c\'''' /\.J.P t I'lL"",) ,..".;-, ;,'-.'I'-:::~ ~llv B 1 :2\ Wd O~ d3S ~onl AHI/10NOH10od 31-tL :10 3JI:\:\Q-03ll:1 6, Transportation shall be the responsibility of Father. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~fcll cc~e Adams, Esquire, counsel for Father Etlna.ld F, W"bh, E~'1uire, counsel for Mother ~~/;A{. V op-J (.0) SEP 2 2 2004 MICHAEL J. MURAWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW MICHELENE R. MURAWSKI, Defendant : NO. 2004-4177 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Condliator 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 CUFtRENTL Y IN CUSTODY OF Sara M. Murawski August 19,1991 Mother 2. A Conciliation Conference was held September 21,2004 with the following individuals in attendance: The Father, Michael J. Murawski, with his counsel, Jane Adams, Esquire, and the Mother, Michelene R. Murawski, with her counsel, Edward F. Welsh, Esquire. 3, Father's position on custody is as follows: Father seeks shared legal custody and periods of partial physical custody one week(:nd per month for several hours, Father lives in Pittsburgh and has not had much contact with the child but would like to begin to see her on a regular basis, Father admits to being Bi-Polar but is compliant with his medication. He holds a responsible job and functions normally. He understands that the child is committed to ballet training and he asserts that he would not interfere with her training schedule or performances. 4. Mother's position on custody is as follows: Mother objects to shared legal custody claiming that Father has had little contact with the child. She suggests supervised visitation for Father. She asserts that he has a psychiatric history and has been emotionally abusive to the child. As a result, the child does not care to see him at all. She asserts that the child has been in counseling in Virginia Beach because of Father.. She explains that she and the child have been in Carlisle for two years solely for the child's ballet education and that she will return to Virginia Beal;h if she must comply with a custody Order, Mother asserts that she has offered custodial periods to Father and he has not taken advantage of those times. 5, The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having four hours of partial physical custody per month. It is expected that the Hearing will require one day. q-;;.;;J.-O'! Date L_d~ %.I!~ ~ M. Verney, Esquire I Custody Conciliator