HomeMy WebLinkAbout06-2313
CECILIA A. MISHKIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO. 0 (. :) 3/3
ISAAC L. MISHKIN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Cecilia A. Mishkin, currently residing at 1443 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania; however intends to move to 570 Range End
Road, #3, DilIsburg, Pennsylvania.
2. The Defendant is Isaac L. Mishkin, residing at 1443 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff seeks primary custody of the following children:
NAME
Michaela L. Mishkin
PRESENT RESIDENCE
1443 South York Street
Mechanicsburg, P A 17055
D.O.B.
2113/98
Harrison S. Mishkin
1443 South York Street
Mechanicsburg, P A 17055
3/28/90
4. The children were not born out of wedlock.
5_ The children are presently in the custody of mother and father who reside at 1443
South York Street, Mechanicsburg, Pennsylvania.
6_ During the past five years, the children have resided with the following persons and
at the following addresses:
NAME
Cecilia A. Mishkin
Isaac L. Mishkin
Jennifer M. Mishkin
RESIDENCE
1443 South York Street
Mechanicsburg, PAl 7055
DATE
Birth until
Present
7. The mother of the children is Cecilia A. Mishkin, currently residing at 1443 South
York Street, Mechanicsburg, Cumberland County, Pennsylvania; however intends to move to 570
Range End Road, #3, Dillsburg, Pennsylvania. She is married.
8. The father of the children is Isaac L. Mishkin, currently residing at 1443 South York
Street, Mechanicsburg, Pennsylvania. He is married.
9. The relationship of Plaintiff to the children is that of mother. The Plaintiff does not
reside with anyone else at 570 Range End Road, #3, Dillsburg, Pennsylvania_
10. The relationship of Defendant to the children is that of father. The Defendant
currently resides with the following persons:
NAME
Jennifer M. Mishkin
Harrison S. Mishkin
Michaela Mishkin
RELATIONSHIP
Daughter
Son
Daughter
I I - Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court. Plaintiff does not know of
a person not a party to the proceedings who has physical custody of the children or claims to have
custody or visitation rights with respect to the children.
12_ AlthOUgh the Plaintiff is requesting custody of Harrison S. Mishkin, an emergency
petition filed at the time of the filing of this Complaint requests that he attend anger management
counseling as well as a drug and alcohol evaluation and attend any counseling recommended from
that evaluation_ In order for Plaintiff to take custody of Harrison, he must have taken significant
steps toward the entry into both the evaluation and counseling as well as the anger management
counseling.
13. The best interest and permanent welfare of the children will be served by granting
the relief requested.
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.
WHEREFORE, the Plaintiff, Cecilia A. Mishkin, requests the court to grant her primary
custody of the minor children, Michaela Mishkin and, upon completion of a drug and alcohol
evaluation and progress in counseling for both drug and alcohol recommendations as well as anger
management counseling, Harrison S. Mishkin.
Respectfully submitted,
JAMES, SMITH, DlETIERlCK
& CONNELLY, LLP
1..1 " ~
Dated: -\- d\iJ -0 to
By:
Attorneys for Plaintiff
VERIFICA nON
I, Cecilia A. Mishkin, verifY that the statements made in this Pleading are true and correct.
I understand that false statements herein are made subject to the penalties of ] 8 Pa_C-S. Section
4904 relating to unsworn falsification to authorities.
Date:~ .').5~Ol,p
//1' ,/t::" _ /<_ --: ._:::
Cecilia A. Mishkin
,-
CECILIA A. MISHKIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO.
ISAAC L. MISHKIN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney
for the Plaintiff, Cecilia A. Mishkin, hereby certify that I have served a copy of the foregoing
Complaint for Custody on the following on the date and in the manner indicated below:
VIA U.S. MAIL. FIRST CLASS. PRE-PAID
Isaac L. Mishkin
1443 South York Street
Mechanicsburg, P A 17055
JAMES, SMITH, DlE'ITERlCK
& CONNELLY, LLP
Dated: y-~ ~ - 0 (p
By:
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Plaintiff
Cecilia A. Mishkin
CECILIA A. MISHKIN,
PlaintiffIPetitioner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
;NO. O~- .23/:3 r.~ -rJA-
ISAAC L. MISHKIN,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Petitioner, Cecilia Mishkin, by her attorney, John J. Connelly, Jr.,
Esquire, and the law firm of James, Smith, Dietterick & Connelly LLP, and avers as follows:
I. Petitioner is Cecelia A. Mishkin, who currently resides at 1443 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania; however, plans to move to 570 Range End
Road #3, DiIlsburg, Pennsylvania 17019.
2. Respondent is Isaac L. Mishkin, who resides at 1443 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Petitioner and Respondent are parents of three (3) minor children: Jennifer M.
Mishkin, whose date of birth is June 30, 1988, Harrison S. Mishkin, whose date of birth is March
28, 1990, and Michaela L. Mishkin, whose date of birth is February 13, 1998. All three minor
children currently reside at 1443 South York Street, Mechanicsburg, Cumberland County,
Pennsylvania.
4. At the time of filing of this Petition for Emergency Relief, Petitioner has
simultaneously filed a Custody Complaint. A copy of said Custody Complaint is attached hereto
as Exhibit "A".
5. Your Petitioner files this Petition for Emergency Relief requesting primary
physical custody of the parties' youngest daughter, Michaela 1. Mishkin. The Petitioner further
requests that the parties' 16 year old son, Harrison S. Mishkin, undergo a drug and alcohol
evaluation and recommended treatment as well as anger management counseling. Petitioner's
request for custody of Harrison S. Mishkin in her Custody Complaint referred to in paragraph 4
hereof, pends the drug and alcohol evaluation and recommended counseling as referenced herein.
6. Prior to April 20, 2006, Petitioner resided with Respondent and the three minor
children at 1443 South York Street, Mechanicsburg, Pennsylvania.
7. While residing at 1443 South York Street, Mechanicsburg, Pennsylvania, your
Petitioner has grown fearful of the parties' oldest child, Jennifer M. Mishkin as well as her son,
Harrison. The behavior of both children has grown increasingly hostile towards the Petitioner
and on some occasions towards the Respondent.
8. On one occasion, while Petitioner went to pick up the mail at the end of the
driveway, she turned around and observed Harrison in the upstairs window of the house, aiming
a pellet gun directly at Petitioner in an attempt to shoot her. When Harrison noticed Petitioner
looking at him, he turned and walked away.
9. Petitioner believes and therefore avers that Harrison has a severe anger
management problem, and has frequent fits of violent rages, causing Petitioner to be afraid for
her safety.
10. Within the last week, the Petitioner found in Harrison's dresser drawer two types of
pills of unknown origin, steroids and syringes and marijuana. In confronting the child, Harrison
denied that they were his drugs and said he was holding them for a mend. Given Harrison's violent
behayjor and mercurial personality, your Petitioner questions this explanation and is requesting as
set forth above, a drug and alcohol evaluation_
11. On or about Thursday, April 20, 2006, Petitioner took Harrison to get his driver's
permit Upon their arrival, Harrison became furious with Petitioner because Petitioner did not
bring the necessary paperwork for Harrison's physical. Harrison became so angry and
aggressive he verbally threatened Petitioner, stating he was going to kill her ifhe could, and bury
Petitioner in the back yard. This verbal abuse was done in front of the parties' youngest child,
Michaela, the subject of this Petition who was in the vehicle at the time.
12. Petitioner immediately became afraid of Harrison because he verbally berated her
and threatened her. Upon returning home, Petitioner left the residence with the youngest child,
Michaela, and stayed in a hotel room that evening. Petitioner was later adyjsed by Respondent
that it was "the right thing to do."
] 3. This was not the first time Harrison threatened to kill Petitioner, nor was it the
first time that he became severely angry and violent Severally weeks ago, Harrison became
angry about Petitioner meeting with his teachers and vice principal at his school, and punched his
hand through a window, tearing tendons in his right hand. Petitioner took Harrison to the
hospital, where his hand was placed in a splint At least twice since the incident, Harrison has
deliberately removed the splint, thwarting his recovery. He maintains that he doesn't need the
brace, and refuses to wear it Petitioner has been advised by the physician that Harrison keeps
destroying the work that has been performed on his hand every time he removes the splint
14. The parties' oldest child, Jennifer, also has displayed an increasingly violent temper,
acting out against Petitioner. On one such occasion, Jennifer broke her hand while trying to
punch Petitioner in the face. During this episode of violence, Jennifer repeatedly kicked
Petitioner, leaving bruises on her legs and thighs. Petitioner has pictures depicting her bruises.
This violent incident was also in front of the parties' youngest child, Michaela.
15. ]n addition to the allegations contained herein, Jennifer and Harrison habitually
use extreme foul language, swearing at Petitioner and Respondent and calling them names. Often
times these verbal altercations are in front of Michae]a.
]6. Petitioner has become so afraid of the behavior of both Jennifer and Harrison in
the past that she has voluntarily removed herse]ffrom the residence. However, the parties'
youngest child, Michae]a, is continually exposed to the violent nature and foul language that the
two oldest children frequently use in the home.
17. Because of the allegations contained herein, the Petitioner believes and therefore
avers that it is in the best interest of the youngest child, Michaela L Mishkin, date of birth
February 13, ] 998, that she be removed from this current violent and volatile situation and reside
with the Petitioner at her new address referenced herein.
18. Petitioner further believes and therefore avers that it is in the best interest of
Harrison to immediately undergo a drug and alcohol evaluation and following any recommended
treatment as well as being placed in intensive counseling to properly address his anger
management issues_ Upon satisfactory progress in both areas, your Petitioner is requesting that
she be granted custody of Harrison as well but at the present time is requesting only custody of
Michaela.
WHEREFORE, Petitioner respectfully requests This Honorable Court grant her
emergency petition and, pending a hearing on the matter, enter an order granting Petitioner
primary custody of the parties' minor child Michaela L Mishkin, whose date of birth is February
13, 1998. In addition, your Petitioner requests that the Court order Harrison to submit to a drug
and alcohol evaluation, follow any recommended treatment and immediately participate in anger
management counseling.
Respectfully submitted,
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
Dated: L4-^I)/ DG
By:
JOhn .~ lIy, Jr.
~ LD. 15615
Courtney . Kishel
Attorney LD. #81509
P.O. Box 650
Hershey, P A ] 7033-0650
(7] 7) 533-3280
Attorneys for Petitioner
VERIFICATION
I verifY that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of I 8 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: ~/ ~5" 'D(p
.4.
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( Cecelia A. Mishkin, Petitioner
CECILIA A. MISHKIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO.
ISAAC L. MISHKlN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John 1. Connelly, lL, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for
the Plaintiff, Cecilia A. Mishkin, hereby certifY that I have served a copy of the foregoing Petition
for Emergency Relief on the following on the date and in the manner indicated below:
VIA U.S. MAIL, FIRST CLASS. PRE-PAID
Isaac L. Mishkin
1443 South York Street
Mechanicsburg, PA 17055
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
Dated: 11- ~ <)/ ()(p
By:
J Co elly, lL, Esquire
I.j) #15615 ~
P.O. Box 650 ~-
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Petitioner
Cecilia A. Mishkin
EXHIBIT "A"
CECILIA A MISHKIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
:NO.
ISAAC L. MISHKIN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it is hereby directed that the
parties and their respective counsel appear before,
, Esquire, the Conciliator, on the _ day of _____ 2006, at
.M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 if requested by the Conciliator. Failure to appear at the Conference may provide
grounds for the entry of a temporary or permanent Order. Notification to the Defendant by the
Prothonotary's Office is waived.
For the Court,
Date of Order:
By
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE,
IF YOU DO NOT HAVE A LAWYER 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
Phone: (717) 249-3166
CECILIA A. MISHKIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO.
ISAAC L. MISHKIN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
You, Isaac L. Mishkin, Defendant, have been sued in Court to obtain custody, partial
custody or visitation of the children: Michaela Mishkin, date of birth February 13, 1998 and
Hamson S. Mishkin, date of birth March 28, 1990.
You are ordered to appear in person at the Cumberland County Courthouse, Carlisle,
Pennsylvania, on the day of ,2006 at __ o'clock __m.
You are further ordered to bring with you the children: Michaela Mishkin and Hamson S_
Mishkin_
If you fail to appear as provided by this Order or to bring the children, an Order for custody,
partial custody or visitation may be entered against you or the Court may issue a warrant for your
arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP_
Cumberland COW1ty Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
BY THE COURT:
J.
CECILIA A. MISHKIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
: NO.
ISAAC L. MISHKIN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Cecilia A. Mishkin, currently residing at 1443 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania; however intends to move to 570 Range End
Road, #3, Dillsburg, Pennsylvania.
2. The Defendant is Isaac L. Mishkin, residing at 1443 South York Street,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff seeks primary custody of the following children:
NAME
Michaela L. Mishkin
PRESENT RESIDENCE
1443 South York Street
Mechanicsburg, P A 17055
D.OB.
2/13/98
Harrison S. Mishkin
1443 South York Street
Mechanicsburg, P A 17055
3/28/90
4_ The children were not born out of wedlock.
5_ The children are presently in the custody of mother and father who reside at 1443
South York Street, Mechanicsburg, Pennsylvania_
6. During the past five years, the children have resided with the following persons and
at the following addresses:
NAME
Cecilia A. Mishkin
Isaac L. Mishkin
Jennifer M_ Mishkin
RESIDENCE
1443 South York Street
Mechanicsburg, PAl 7055
DATE
Birth until
Present
7_ The mother of the children is Cecilia k Mishkin, currently residing at 1443 South
York Street, Mechanicsburg, Cumberland County, Pennsylvania; however intends to move to 570
Range End Road, #3, Dillsburg, Pennsylvania. She is mamed.
8. The father of the children is Isaac L. Mishkin, currently residing at 1443 South York
Street, Mechanicsburg, Pennsylvania. He is mamed_
9. The relationship of Plaintiff to the children is that of motheL The Plaintiff does not
reside with anyone else at 570 Range End Road, #3, Dillsburg, Pennsylvania_
10_ The relationship of Defendant to the children is that of fatheL The Defendant
currently resides with the following persons:
NAME
Jennifer M. Mishkin
Hamson S. Mishkin
Michaela Mishkin
RELATIONSHIP
Daughter
Son
Daughter
I I. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court. Plaintiff does not know of
a person not a party to the proceedings who has physical custody of the children or claims to have
custody or visitation rights with respect to the children_
12_ Although the Plaintiff is requesting custody of Hamson S. Mishkin, an emergency
petition filed at the time of the filing of this Complaint requests that he attend anger management
counseling as well as a drug and alcohol evaluation and attend any counseling recommended from
that evaluation. In order for Plaintiff to take custody of Hamson, he must have taken significant
steps toward the entry into both the evaluation and counseling as well as the anger management
counseling.
13. The best interest and permanent welfare of the children will be served by granting
the relief requested.
14. Each parent whose parental rights to the children have not been tenninated and the
person who has physical custody of the children have been named as parties to this action.
WHEREFORE, the Plaintiff, Cecilia A. Mishkin, requests the court to grant her primary
custody of the minor children, Michaela Mishkin and, upon completion of a drug and alcohol
evaluation and progress in counseling for both drug and alcohol recommendations as well as anger
management counseling, Hanison S. Mishkin.
Respectfully submitted,
JAMES, SMITH, DlETTERlCK
& CONNELLY, LLP
Dated: ~-:1,cJ-D 10
By:
John J(Co. lIy, Jr.
Atto ~J.D.W15615 ~
Courtney L Kishel
Attorney J.D. #81509
P.O_ Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Plaintiff
, .
VERIFICATION
I, Cecilia k Mishkin, verifY that the statements made in this Pleading are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date:~ . ~5 ~O I.p
/{( ,/',:-:.. /',
Cecilia k Mishkin
"
. .
CECILIA A. MISHKIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v.
:NO_
ISAAC L MISHKIN,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney
for the Plaintiff, Cecilia A. Mishkin, hereby certifY that I have served a copy of the foregoing
Complaint for Custody on the following on the date and in the manner indicated below:
VIA U.S. MAIL. FIRST CLASS. PRE-PAID
Isaac L Mishkin
1443 South York Street
Mechanicsburg, P A 17055
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
Dated: ~ -(A t) . 0 (p
By:
P.O. Box 650
Hershey, P A 17033-0650
(717) 533-3280
Attorneys for Plaintiff
Cecilia A. Mishkin
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CECILIA A. MISHKIN,
PETITIONER
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ISAAC L. MISHKIN,
RESPONDENT
06-2313 CIVIL TERM
ORDER OF COURT
AND NOW, this
~
day of May, 2006, the petition for emergency
relief IS DENIED without a hearing. 1
Edgar B. Bayley, J.
v.fuhn J. Connelly, Jr., Esquire
For Petitioner
vfsaac L. Mishkin
1443 South York Street
Mechanicsburg, PA 17055
~
,
:sal
] The parents are still living together at 1443 South York Street, Mechanicsburg.
We will not entertain this emergency petition to set a custodial arrangement for
parents prior to separation. Furthermore, it is the parents' responsibility to
secure any necessary treatment for a child.
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CECILIA A. MISHKIN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
06-2313
CIVIL ACTION LAW
ISAAC L. MISHKIN
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, May 08, 2006
, 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 MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thnrsday, May 25. 2006 at 12:30 PM
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 existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!;.
FOR THE COURT.
By: Isl
Melissa P. Greevv. Esq.
Custody Conciliator
x:f12-
I
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 courl- 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 I 7) 249-3 I 66
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2313 CIVIL TERM
CECILIA A. MISHKIN,
v.
ISAAC L. MISHKIN,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
ORDER TO RELINQUISH JURISDICTION
1P
AND NOW, this ~ day of October, 2006, counsel for the parties having requested a
continuance because the parties continue to reside at the same residence, the Conciliator hereby
relinquishes jurisdiction of the above captioned matter.
FOR THE COURT:
i sa Peel Greevy, Esquire
Custody Conciliator
:285198
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