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Home My WebLink About05-4742 JUDITH A. KACHURKA STEPHEN M. KACHURKA Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA M. KACHURKA RICHARD M. KACHURKA NO. os - 4'71.{;)...., Ciu'll~ vs. : CIVIL ACTION - LAW : CUSTODY Defendants COMPLAINT 1. Plaintiffs are Judith A. Kachurka and Stephen M. Kachurka, husband and wife, who are currently residing at 442 North Enola Drive, Enola, P A 17025 and have been since 1969. 2. Defendants are Tina M. Kachurka and Richard M. Kachurka whose current residence is unknown and has been unknown since August 24,2005. 3. Plaintiffs seek primary physical custody of Jesse J Kachurka who was born on June 21, 1995 and who currently resides at 442 North Enola Drive, Enola, P A 17025. 4. The child was born out of wedlock. 5. The child is presently in the custody of Plaintiffs. 6. From August 24, 2005 until the present, the minor child has lived with Plaintiffs and Chris (A friend of Defendants) at Plaintiffs' residence located at 442 North Enola Drive, Enola, P A 17025. Chris, a friend of Defendants, has been living with Plaintiffs since about May 20, 2005. From March 2003 to August 24, 2005, the minor child lived with Plaintiffs and Defendants in Plaintiff's residence located at 442 North Enola Drive, Enola, P A 17025 with the addition that Chris (A friend of Defendants) has been living in 3 Plaintiff's residence since May 20, 2005. From approximately 1997 to March 2003, the minor child lived at 8200 Mountain Road, Harrisburg, PA 17112 with the Defendants. 7. The mother of the child is Tina M. Kachurka She is married to Richard M. Kachurka. The father of the child is Richard M. Kachurka He is married to Tina M. Kachurka. 8. The relationship of Plaintiffs to the child is that of paternal grandparents. The Plaintiffs currently reside with Jesse at 442 North Enola Drive, Enola, P A 17025 as well as Chris, the friend of Defendants. 9. The relationship of Defendants to the child is that of parents. The Defendants current residence is unknown. 10. Plaintiffs have 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. I I. Plaintiffs have no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 12. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. 13. The best interest and pennanent welfare of the child will be served by granting the relief requested because the whereabouts of Jesse's parents are unknown. A custody Order is needed to give to Jesse's school as well as to give decision making power to Plaintiffs to use in the event of medical emergency, health insurance purposes and otherwise. 14. Each parent whose parental rights to the child have not been tenninated and the person who has physical custody of the child have been named as parties to this action. 4 Iegal custody of Jesse 1. Kachurka, the minor child. WHEREFORE, Plaintiffs requests the Court grant them primary physical and primary YaFFE & YaFFE, Pc. ~~ioUIRE Attorney for Plaintiffs 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975- 1838 Attorney ID No. 52933 jyoife@verizon.net 5 JUDITH A KACHURKA STEPHEN M. KACHURKA Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. TINA M. KACHURKA RICHARD M. KACHURKA NO. Defendants . CIVIL ACTION - LAW . CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Petition are true to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to authorities. Dated. c:f~~C7-2- ~d~----?_ JUDITH A KACHURKA Dated. cJ '1//.1/0 s- ."/~..( ~.-k4~ STEP N M. KACHURKA ~ i9. ;::: ~ 1l :--;: ~ - ...... 6"- ..J::: ~ ~ .{) ~ w ()'- ~ 'f-- ---c... .-. () 'c~:' -\ I . ~ '~, ~.n -t :'i:~ ['\.1 ('_0 -~- '~,,' .:, t.." "I,j'-,) '--, - ~-~ .....;. ~"~ 0::1.) CJ :..<... G-; JUDITH A. KACHURKA AND STEPHEN M. KACHURKA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYL VANIA V. 05-4742 CIVIL ACTION LAW TINA M. KACHURKA AND RICHARD M. KACHURKA DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 21,2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator. at 39 West Main Street, Mecbanicsburg, PA 17055 _ on Wednesday, October 19, 2005 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an eWort 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 coul1, 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 cxisting Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday, 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 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 (717) 249-3166 4r;:0 jp:?l ~ -/.IpJ Joa'v ,~ fl ~ -~Jt, so- 'Ct'-t ~.~ ~~~ Pl 5O"~'!J f t \/;!~~>>Y~\S,:':::!r;I,,~:~ i\_,r\I,I~r"', i " ., '., ," ",I\!nr, ... ""-' ,,' -',' "~, (0 L I :8 Hd 22 d3S S002 AtlVlexiOHlO:dd 3H1 :10 381::!:IO-G3lI:l .~." s JUDITH A. KACHURKA AND STEPHEN M. KACHURKA Plaintiff RECEIVED OCT 2 I) Z005 IN THE COURT OF COM PLE CUMBERLAND COUNTY, PENNSY vs. 05-4742 CIVIL ACTION LAW TINA M. KACHURKA AND RICHARD M. KACHURKA Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~t ^ day of 0 ~ , 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. Effective until the custody conciliation conference scheduled in this Order, the paternal Grandparents, Judith and Stephen Kachurka, shall have primary physical custody of the Child, Jesse J. Kachurka, born June 21, 1995, with the parents, Tina and Richard Kachurka, having partial physical custody of the Child every weekend from Friday after school through Sunday evening and additional times during the week as arranged by agreement between the parties. In addition, the paternal Grandparents and the Parents shall have shared legal custody of the Child. 2. The parties and counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on January 17, 2006 at 10:00 a.m. As it is the parties' intention that the paternal Grandparents have custody of the Child until such time as the Parents obtain appropriate housing and employment, in the event these conditions are satisfied prior to the January 17, 2006 conciliation conference, any party may contact the conciliator to reschedule the conference for an earlier date. The purpose of the conference shall be to review the custody arrangements in light of the present circumstances without prejudice to any party by this Order entered by agreement. 3. This Order is entered pursuant to an agreement ofthe parties at a custody conciliation conference. The parties may modify the provisions of this Order by the consent of all parties. In the absence of consent of all parties, the terms of this Order shall control. cc: hY N. Y offe, Esquire - Counsel for paternal Grandparents ~Kachurka, Mother ~ ~ichard Kachurka, Father .\. '. J. G 2: -, ) ~i. -------- JUDITH A. KACHURKA AND STEPHEN M. KACHURKA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4742 CNIL ACTION LAW TINA M. KACHURKA AND RICHARD M. KACHURKA Defendant 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jesse J. Kachurka June 21, 1995 Paternal Grandparents 2. A custody conciliation conference was held on October 19, 2005, with the following individuals in attendance: The plaintiff paternal Grandparents, Judith and Stephen Kachurka, with their counsel, Jeffrey N. Yoffe, Esquire, and the Mother, Tina M. Kachurka, with her friend, Jenni Kertulis. The Mother is not represented by counsel in this matter. The Father, Richard Kachurka, also is not represented by counsel and was unable to attend due to his incarceration in the Cumberland County pnson. 3. The parties agreed to entry of an Order in the form as attached. f) c. tv /.x...v- ~ I, ,.kx)s . Date a..~ A "J '(T Dawn S. Sunday, Esquire Custody Conciliator . ..., . \' JUDITH A. KACHURKA AND STEPHEN M. KACHURKA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4742 CNIL ACTION LAW TINA M. KACHURKA AND RICHARD M. KACHURKA Defendant IN CUSTODY ORDER OF COURT AND NOW, this ). ~). day of ~~ ' 2006, upon consideration of the attached Custody Conciliation-"tport, it is ordered and directed as follows: 1. The prior Order of this Court is vacated and replaced with this Order. 2. Effective until the custody conciliation conference scheduled in this Order, the paternal Grandparents, Judith and Stephen Kachurka, shall have primary physical custody of the Child, Jesse J. Kachurka, born June 21, 1995, and the parents, Tina and Richard Kachurka, shall have liberal contact with the Child on an ongoing basis. In addition, the paternal Grandparents and the parents shall have shared legal custody of the Child. 3. The parties and counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, May 16,2006 at 10:00 a.m. The purpose of the conference shall be to review the custody arrangements in light of the present circumstances without prejudice to any party by this Order entered by agreement. 4. This Order is entered pursuant to an agreement of the parties 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. . .. yf/-~) l-~ T:~~~OURT ~D\.p O\'~ J. cc: Jeffrey N. Y offe, Esquire - Counsel for paternal Grandparents Tina and Richard Kachurka, Parents 0:1 :8 ":1 f\U': I"~ , \]~:J. j,j".,'f ~ ( I'\\l .) " iJiUO , ,< "" // " l{ ] .' .... JUDITH A. KACHURKA AND STEPHEN M, KACHURKA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 05-4742 CNIL ACTION LAW TINA M, KACHURKA AND RICHARD M, KACHURKA Defendant 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jesse J, Kachurka June 21,1995 Paternal Grandparents 2, A custody conciliation conference was held on January 17, 2006, with the following individuals in attendance: The plaintiff paternal Grandparents, Judith and Stephen Kachurka, with their counsel, Jeffrey N. Yoffe, Esquire, and the Parents, Tina and Richard Kachurka, who are not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached, J(LrI vrhf i 7: ::WO&; Date Da~ Custody Conciliator JUDITH A. KACHURKA AND STEPHAN M. KACHURKA Plaintiff ',' "",7 \ T-:> '1::." c~ f I 1_1:''-.[::'''- j I , \ ,_ MAY 36 ',III" ~-, IN THE COURT OF COMMON PLEAS OF " CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-4742 CIVIL ACTION LAW TINA M. KACHURKA AND RICHARD M. KACHURKA Defendant IN CUSTODY ORDER OF COURT AND NOW, this d A day of , 2006, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The custody conciliation conference scheduled for May 16, 2006 is cancelled by agreement between the parties. 2. The prior Orders ofthis Court which were to be effective pending the conciliation conference are vacated. J. cc: ~frey N. Y offe, Esquire - Counsel for paternal Grandparents ~na and Richard Kachurka, Parents ". 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