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Home My WebLink About05-3201 "~I PEDRO L. BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, ():'-,3JOJ CIVIL TERM v. MICHELLE A, KASTRIBA, Defendant : CIVIL ACTION-LAW : CUSTODY COMPLAINT FOR CUSTODY 1, Plaintiff is Pedro L, Black, an adult individual whose residence is at 321 Ash Avenue Apartment A, Carlisle, Cumberland County, Pennsylvania, 2. Defendant is Michelle A, Kastriba, an adult individual whose residence is at 33 West Willow Street Apartment 5, Carlisle, Cumberland County, Pennsylvania. 3, Plaintiff seeks custody of his children: Andrew L, Kastriba-Black, date of birth December 18, 1999 and Felix L, Kastriba-Black, date of birth May 26, 2001. 4, The children were in the custody of the Plaintiff until Friday, June 17, 2005 when the Defendant abducted them from day care/kindergarten, The children are presently in the custody of the Defendant. 5, Since the children's birth, the children have resided at the following addresses: Name Address Dates Andrew L. Kastriba-Black 321 Ash Ave" Apt A Carlisle, PA 17013 (with father) April, 2004 - Present 112 S, 14th St Harrisburg, PA 17104 (with father) November, 2003-April, 2004 4 East South St., Apt. 4 Carlisle, Pa 17013 (with mother) January, 2002-November, 2003 PEDRO L. BLACK, Plaintiff v MICHELLE A. KASTRIBA, Defendant PRIOR JUDGE: Edward E. Guido Vlj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-3201 CIVIL ACTION - LAW IN CUSTODY COURT ORDER AND NOW, this day of January, 2012, upon consideration of the attached Custody Conciliation Report, the prior Order's of Custody entered in this matter are vacated and replaced with the following Order: 1. The father, Pedro L. Black, and the mother, Michelle A. Kastriba, shall enjoy shared legal and shared physical custody of Andrew L. Kastriba-Black, born December 18, 1999, and Felix L. Kastriba-Black, born May 26, 2001. 2. Physical custody shall be handled as follows: A. Mother shall have custody on Tuesday, Thursday and Sunday of each week to include overnights. B. Father shall have custody on Monday, Wednesday and Saturday of each week to include overnights. C. The parties shall alternate custody on Friday each week. 3. In the event either parent is unavailable and not with the children during the time they are scheduled to have custody as set forth above, that parent must contact the other parent and offer the non-custodial parent the opportunity to exercise custody with the minor children. BY TH?$H , Edward E. Guido, Judge cc: ? Eric R. David, Esquire Mr. Pedro L. Black Ct ;es i a.led ?/y/ia C C D -y C-4 3 2s W fl rr- --i -< o Cn PEDRO L. BLACK, Plaintiff v MICHELLE A. KASTRIBA, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-3201 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Andrew L. Kastriba-Black, born December 18,1999, and Felix L. Kastriba-Black, born May 26, 2001. 2. A Second Conciliation Conference was held on December 29, 2011, with the following individuals in attendance: The mother, Michelle A. Kastriba, with her counsel, Eric R. David, Esquire, and father, Pedro L. Black, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached.. Date: December 30 , 2011 Hubert X. roy, Esquire Custody onciliator I Felix L Kastriba-Black 1927 Derry St November, 2001-January, 2002 Harrisburg, PA 17104 (with father and mother) Spring Knoll Dr. November, 2000-November, 2001 Harrisburg, PA 17104 (with father and mother) 321 Ash Ave., Apt A Carlisle, PA 17013 (with father) April, 2004 - Present 112 S, 14th St November, 2003-April, 2004 Harrisburg, PA 17104 (with father) 4 East South St, Apt 4 January, 2002-November, 2003 Carlisle, Pa 17013 (with mother) 1927 Derry St. November, 2001-January, 2002 Harrisburg, PA 17104 (with father and mother) Spring Knoll Dr. May, 2000-November, 2001 Harrisburg, PA 17104 (with father and mother) 6, The relationship of the Plaintiff to the children is that of natural father. '1/ 7, The relationship of the Defendant to the children is that of natural mother. 8, The Plaintiff and Defendant were married on October 20, 2000, 9, A Complaint for Divorce was filed in Cumberland County, Pennsylvania and the divorce decree was granted in August, 2003, 10. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, 11, Plaintiff has served as primary physical custodian for the children since November, 2003. 12, Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth, 13, The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. Plaintiff, father, has had primary physical custody of his two sons since November, 2003, R Plaintiff takes both children to the YMCA on weekdays, where Andrew is enrolled in kindergarten and Felix is in child care, C, On Friday, June 17,2005 Defendant, mother, removed both children from the YMCA without notice to plaintiff and refuses to return either child to their respective program or to plaintiff since that date, D, Defendant has a 10 year history of mental health problems. E. Defendant voluntarily committed herself into the mental health unit of Holy Spirit Hospital in the month of May, Further, she has voluntarily committed herself on a minimum of four occasions over the last five years, F, Defendant has been clinically diagnosed with depression, G. Defendant frequently ceases using prescribed medication for her depression; As a result she spends her days in bed sleeping, refusing to tend to her daily responsibilities, H, Defendant resides with a paramour. 'II I. Plaintiff has no knowledge of the personal/criminal history of the paramour with whom the Defendant resides, 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action, No other persons are known to have or claim to have any right to custody or visitation of the children other than the parties to this action, 15, Plaintiff is unaware of any legal representation for Defendant 15. A copy of this Complaint was mailed first class, postage prepaid to the Defendant. WHEREFORE, Plaintiff requests this Honorable Court grant Plaintiffs request for shared legal custody and primary physical custody of the minor children to the father with visitation with the mother. Respectfully Submitted, TURO LAW OFFICES ~bAJ~ Date Galen R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 11 VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa, C.S, 94904 relating to unsworn falsification to authorities, I :!7-{) r Date 1?~L~ Pedro Black II CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint for Custody upon Michelle A. Kastriba, by depositing same in the United States Mail, first class, postage pre-paid on the ~~ day of "] v """- ,2005, from Carlisle, Pennsylvania, addressed as follows: Michelle A. Kastriba 33 West Willow Street Carlisle, PA 17013 TURO LAW OFFICES () ..., 0 c:":' C t..;,:.} '1'1 :;i>^' c...1'\ ~ -\:) c_ ::;:l ro" c:: 01 :1'1 ~ -"cc'. r: ~ ~ N :sP:'~ N ;:':":)(';..1 -) .-j, - d ~-;;~~ -- 'Iv :-...;: \;'" <:' .. r;,-? "'- \ ...\ - .~ ...... ~T) lrc, --I .r:" -<. .-<. ..t, :- .v t '" 6 PEDRO L, BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, C:;:3.2D( CIVIL TERM MICHELLE A, KASTRIBA, Defendant : CIVIL ACTION-LAW : CUSTODY EMERGENCY APPLICATION FOR SPECIAL RELIEF IN CUSTODY CASE PURSUANT TO 42 Pa.C.S.A. !i 1915.13 AND NOW, this day of June, 2005 comes the Petitioner Pedro L Black, by his attorney Galen R Waltz, Esquire, who seeks emergency special relief under 1915,13 and avers the following: 1, The Petitioner is Pedro L. Black who resides at 321 Ash Avenue Apartment A, Carlise, Cumberland County, Pennsylvania, 17013, 2. The Respondent is Michelle A. Kastriba who resides at 33 West Willow Street Apartment 5, Cumberland County, PA 17013, 3, The Petitioner is the natural father of Andrew L. Kastriba-Black, son, whose date of birth is December 18, 1999 and Felix L. Kastriba-Black, son, whose date of birth is May 26, 2001, 4, The Respondent, Michelle A. Kastriba is the natural Mother of the two sons, 5, Petitioner and Respondent were married on October 20, 2000, Andrew L. Kastriba-Black was born prior to that marriage, and the Felix L. Kastriba-Black was born during that marriage, 6, A Complaint for Divorce was filed in Cumberland County, Pennsylvania and the divorce decree was granted in August, 2003 7, Petitioner filed a Complaint for Custody on June 22,2005, 8, Petitioner has had primary physical custody of his two sons since November, 2003, 9, Petitioner takes both children to the YMCA on weekdays where Andrew is enrolled in kindergarten and Felix is in childcare, 10, On Friday, June 17, 2005 Defendant removed both children from the YMCA without notice to the Petitioner and refuses to return either child to their respective program or to the Petitioner since that date, 11, Petitioner has contacted the police to have his children returned to no avail; there is presently no custody order for the children in existence, 12, Petitioner has attempted to contact the Defendant since the abduction of the children from the YMCA on June 17, Defendant allows Petitioner only to speak to the children over the telephone; Defendant refuses to have the children returned to Petitioner or to return the children to childcare and kindergarten. 13, Father has been primary physical custodian since November, 2003. Defendant acknowledged father as such and agreed to 2 days of visitation per week, (Exhibit 1) 14, An Emergency hearing is requested because it is believed and averred that the children's welfare and safety may be in danger for the following reasons: A. Defendant has a 10 year history of mental health problems. B, Defendant voluntarily committed herself into the mental health unit of Holy Spirit Hospital in the month of May, Further, she has voluntarily committed herself on a minimum of four occasions over the last five years, C, Defendant has been clinically diagnosed with depression, D, Defendant frequently ceases using prescribed medication for her depression; as a result, she spends her days off in bed sleeping, refusing to tend to her daily responsibilities, E Defendant resides with a paramour. F, Petitioner has no knowledge of the personal/criminal history of the paramour with whom the Defendant resides, WHEREFORE, plaintiff requests your Honorable Court schedule a hearing for this application and subsequently grant the plaintiffs requests for shared legal custody and primary physical custody of the children to the plaintiff with partial physical custody of the children to the defendant Respectfully SUbmitted; /;)~:;<, ~j - Date c--- len R. Waltz, Es Turo Law Office 28 South Pitt Street Carlisle, PA 17013 VERI FICA liON I verify that the statements made in the foregoing Emergency Application for Special Relief in Custody Case are true and correct I understand that false statements made herein are subject to the penalties of 18 Pa, C,S. 94904 relating to unsworn falsification to authorities. ~..IJ- -6 r- ate P/ Pedro Black --- . , ~ ~ i \- J.- o~ De-OJ' ~ecRro . \)C'i...L ~o -C-,,,o,;,,,c\oJ Gl:1<<~c,^l\--;es + O~~ ~/\.J; iL~ 'IOe{" . r, ':-\ {'(\.o", y_ cv..,-:, \-oc~ C:' (h,c;z,v---> ~d.-. ~ll x. lJ- i S ulf\k ~ (-ooc\. -\-\Ad- L 05\ \ \ s\-. \ \ '- o-JC.L H\JL d'--.\ ~-e.-I'\ +[00 ,,; ~\..~s. ~ (c'K>Q.(<-..- to 10:-- C1Q"k,U'CY\,A-Q,cl . 1- ('''\so 0.](~t--(~ \;'~ (.l~, 1(; SlAffiM+- Ct f', d(J-tr(Y\'(\.ul hy kc<\1,b ~\ c- c-e.,,\u..:h (J (\2:, . '\ ) , (\ ' ( I tV: ' 'i ' rtJIDW1 \ " f V(Y))i]/~1t , /;7(._~ EXHIBIT I-L CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Emergency Application For Special Relief In Custody Case upon Michelle A Kastriba, by depositing same in the United States Mail, first class, postage pre-paid on the 22nd day of June, 2005 from Carlisle, Pennsylvania, addressed as follows: Michelle A Kastriba 33 West Willow Street Carlisle, PA 17013 TURO LAW OFFICES alen R Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner ~ ~ ~'- '" '" " v, ~ ~ ~ F .. ~ ,,~ '2 <-;'l I~.~~ -." - " )".", ,..> C::J (,:;.;) (:..>' ~ ,:":<.-;. .' - "" N o -n --< :1: -n p1 r:: -I",I.\~ ",~O j~~;~'i! >:'-t\; ':_> -. 'p.. ,CJ ,< -0 _..-... ~ ~:.- c:> PEDRO L. BLACK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V, 05-3201 CIVIL ACTION LA W MICHELLE A. KASTRIBA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, Juue 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Huhert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 22, 2005 at 8:30 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 existinl: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\!. FOR THE COURT, By: Isl Hubert X. Gilrov. Esq. Custody Conciliator ~tr1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 (7]7) 249-3]66 ~ 7f~'Jf- ~ ~ ~ ,~ . -I{ ~ 5(J'J7e? , , h 1. "'tJ?fMI ~ 5o-he 1 frfll $v.-p. ~ 4 N fi-/l'~? --''''':) ".,.1",';' , ,I A.LNi'{'!">" ("" L;l :01 H'J 1]2 l!nr snoz A\:lV10i,JhlOUd 3\-11 :JO 38!:!:IO-G31I:l II II ; 01 RECEIVED JUN 2 2 :~7'y/ . v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.os-3:201 CIVIL TERM PEDRO L. BLACK, Plaintiff MICHELLE A KASTRIBA, Defendant : CIVIL ACTION-LAW : CUSTODY Order of Court AND NOW, this ~(t...... day of ~- 2005, upon consideration of Petitioner's Emergency Application for Special Relief, a hearing on the issue of custody concerning Andrew and Felix Kastriba- Black is set for .:r c..-J2- ~ 7. .;.~ 0 S- . /'"I I :~ tI# ,- ,at 3,O()'~in ~~ ~ Cumberland County Courthouse, Carlisle, Pennsylvania, J, /. ~Ien R Waltz, Esquire ~ft , J 6+J :8 Hd ZZ Nnr SDOZ Ab'V10i\;OH10dd 3141 :JO 301:1::'0-0311:1 - PEDRO L. BLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-3201 CIVIL TERM MICHELLE A. KASTRIBA, CIVIL ACTION - LAW Defendant IN CUSTODY IN RE: STIPULATION THE COURT: Good afternoon. MR. WALTZ: Good afternoon, Your Honor. THE COURT: Black v. Kastriba. Are you ready to proceed? MR. WALTZ: Your Honor, I believe we have a stipulation of agreement. THE COURT: All right. You want to articulate that for the record? MR. WALTZ: Sure. It's my understanding that we have agreed temporarily until the conciliation conference that father shall have the children four overnights; mother shall have the children three overnights. The schedule specifically being mom will pick up the children Thursday from the day care pre kindergarten center, the YMCA. And I believe you indicated THE COURT: Pardon? What day will they pick them up. MR. WALTZ: This Thursday the 38th. THE COURT: Okay. MR. WALTZ: This Thursday the 30th. And she would have them up until Sunday the 3rd at 8:00 in the morning when father would meet her at Wal-Mart, a public place, and the exchange would take place at that time. THE COURT: And then father would have the children until the next Thursday? MR. WALTZ: Correct. MS. ADAMS: Correct. THE COURT: Is that your agreement? MS. KASTRIBA: For now. THE COURT: Is that a yes? MS. KASTRIBA: Yes. MR. BLACK: Yes. THE COURT: All right, And new today's date MR. WALTZ: One other thing, Your Honor. THE COURT: Go ahead. MR. WALTZ: Father is to receive the children as soon as practicable at the conclusion of today's hearing for his remainder of the week until Thursday. THE COURT: Okay. MS. ADAMS: And then just other than that, Your Honor, mother does not work while the children are in day care. So it's agreed by the parties that mother may take the children out of day care for part of the day every other Friday to spend time with them. She does not work while they're actually in the day care, THE COURT: I thought she had them from Thursday to Sunday. MS. ADAMS: She does. Father currently has the children enrolled at the YMCA through the Child Care Network. If the children are not at the day care, that funding is going to be jeopardized. Father would like to the children to go to day care each and every day for the full day. Mother would like take the kids swimming and enjoy the summer. So the parties agreed that the mother can take them -- pick them up in the mornings on Thursdays and then pick them up every other Friday after half the day. MS. KASTRIBA: No, that wasn't 'Nhat we agreed to. It was every other Friday out of day care completely and only half the day Thursdays and Fridays. MS. ADAMS: To repeat that for the record, Your Honor -- THE COURT: You got what she said, didn't you, Mandy? Is that agreeable dad, mother? MR. BLACK: Yes. THE COURT: Is that the deal mom? MS. KASTRlBA: For now. ORDER OF COURT AND NOW, this 27th day of June, 2005, the Court adopts the parties' stipulation as an order of court which shall be temporary in nature only and subject to change by agreement of the parties at the conciliation or by order of this Court after a full B hearing on the merits. Edward E. Guido, J, Galen R. Waltz, Esquire For Plaintiff Jane Adams, Esquire For Defendant .~,~ ,/ (, _ .29.0" :mlc 9-. VlNI"ii1ASNN3d I r ;\1(1('("i (i""hl!";~J-:;':'.:V')ln,.., !\J.,l..",..,,, ......i F'"", .ili Iv 6~ :8 \.111 62 NnnOOZ AdV10NOH10lJd 3Hl :lO.. 30l::!:!O-O311::1 , ' RECEIVED AUG 22, 7rr5 ( ') PEDRO L. BLACK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MICHELLE A. KASTRlBA, Defendant NO. 05-3201 IN CUSTODY COURT ORDER AND NOW, this ;;. ~ day of August, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Pedro L. Black, and the mother, Michelle A. Kastriba, shall enjoy shared legal custody of Andrew L. Kastriba-Black, born December 18, 1999 and Felix L. Kastriba-Black, born May 26, 2001. 2. Legal custody during the school year shall be handled with father having primary physical custody of the minor children and mother enjoying temporary physical custody of the minor children on alternating weekends and such other times as agreed upon by the parties. 3. During the summer months, mother shall enjoy primary physical custody of the minor children and father shall enjoy periods of temporary physical custody of the minor children on alternating weekends and such other times as agreed upon by the parties. 4. The holiday schedule shall be handled as follows: a. The parties shall analyze the Christmas break from school each year and divide it equally between each other, with the father having the fll'St part of the Christmas Holiday and the mother having the second part of the Christmas Holiday. b. For the Thanksgiving Holiday, the father shall have custody through 4:00 p.m. on Thanksgiving Day, with mother having custody from 4:00 p.m. on Thanksgiving Day through Friday at 4:00 p.m. If it is her weekend, she shall have custody for the remainder of that weekend. c. Mother shall have custody of the minor children on the major Muslim Holidays, subject to an adjustment if those holidays are of the same time as Father's Day, Father's Birthday, or some other day that father would routinely receive custody. 5. Each party has the ability to take the children for one week of vacation during the summer months. The parties shall notify the other party at least thirty days in advance as to when they intend to exercise this vacation time. 6. Father shall always have custody of the minor children on F!lther's Day and mother shall always have custody of the minor children on Mother's Day. This provision will supercede any other provision. 7. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order and the parties cannot agree, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a Conference. Judge cc: Galen R. Waltz, Esquire ~ Adams, Esquire ~{)? O~'f/ as :8 \\11 S2 81W ~OUl f:rj\110:,~:U,C::!d 31'11 :10 3;)1:1:10-0311:1 " ''''''''''"''''"'''~ . . ......."..,...;.". .........<_.. v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PEDRO L. BLACK, Plaintiff . MICHELLE A. KASTRlBA, Defendant NO. 05-3201 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Andrew L. Kastriba-Black, born December 18, 1999 and Felix L. Kastriba-Black, born May 26, 2001. 2. A Conciliation Conference was held on August 12, 2005, with the following individuals in attendance: The father, Pedro L. Black, with his counsel, Galen R. Waltz, Esquire, and the mother, Michelle A. Kastriba, with her counsel, Jane Adams, Esquire. 3. The parties agree to the entry of an Order in the form as attached. ~11<tlo~ DATE Hubert X. Gilro , Esquire Custody Conc' tor