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Home My WebLink About02-3236AUG 0 ~ 2002 ~ MICHAEL B. KONYCKI, Plaintiff KELLY A. MCCORMACK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3236 CIVIL : IN CUSTODY COURT ORDER AND NOW, this [ ~ day of August, 2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT, ~~tor MICHAEL B. KONYCKI, Plaintiff KELLY A. MCCORMACK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff is Michael B. Konycki, an adult individual currently residing at 436 Water Street, New Cumberland, Cumberland County, Pennsylvania. Defendant is Kelly A. McCormack, an adult individual whose current mailing address is 436 Water Street, New Cumberland, Cumberland County, Pennsylvania, but who currently is residing at Holy Spirit Hospital. Plaintiff and Defendant are the natural parents of one (1) child, namely, Michael Thomas Konycki, bom November 13, 1992. The child was born out of wedlock. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS Michael B. Konycki Kelly A. McCormack Michael B. Konycki Kelly A. McCormack Linda McCormack 436 Water Street New Cumberland, PA 438 Water Street New Cumberland, PA DATES April 2000 - present 1997 - 4/00 MICHAEL B. KONYCKI,: Plaintiff : V. KELLY A. MCCORMACK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3236 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 16th day of July, 2002, upon relation of Marylou Matas, Esq., attorney for Plaintiff, that Plaintiff desires to withdraw the above petition, the petition is deemed withdrawn and the heating previously scheduled for July 18, 2002, is cancelled. Marylou Matas, Esq. 200 N. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, J~Wesley Ol~/¢J)r.~ Kelly A. McCormack --'~' ~' 436 Water Street New Cumberland, PA 17070 Defendant, Pro Se :rc The natural mother of the child is Kelly A. McCormack, who resides as aforesaid. She is single. The natural father of the child is Michael B. Konycki, who resides as aforesaid. He is single. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the child at issue. The relationship of the Defendant to the child is that of natural mother. Defendant curremly resides at the Holy Spirit Hospital. Plaintiff has not participated as a party or wimess, or in any other capacity in other litigation, concerning custody of the child. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. It is in the best imerest and permanent welfare of the child to grant the relief requested because: Plaintiff, hereinafter referred to as "Father", has been the primary caretaker for the child, maintaining primary responsibility for the child's health, welfare and education. h) c) e) g) h) i) J) Defendant, hereinafter referred to as "Mother", has a history of mental health problems. In or about 1994, Mother was diagnosed with depression and began taking the prescription medication Prozac for treatment. In May 2001, Mother was involuntarily admitted for one week to Pinnacle Health Hospital for treatment following admissions of suicidal thoughts, during which time Mother was diagnosed as having bi-polar disorder. In July 2001, Mother was involuntarily admitted to York Hospital for treatment following attempted suicide and drag overdose. Following Mother's release fi.om the aforesaid hospital treatments, Mother was directed to continue taking medication as prescribed and seek continued counseling and treatment. Mother did not continue to take her medication as prescribed and did not continue counseling, often falling to appear for scheduled doctor and counseling appointments. Since approximately March 2002, Mother has disappeared for one to two days at a time approximately one time per month, without notice or believable explanation to Father. Mother was involuntarily admitted to Holy Spirit Hospital on July 4, 2002, on an emergency, in-patient basis for treatment stemming fi.om a drug overdose and suicidal thoughts and tendencies. Mother has exhibited violent tendencies recently, as well, often smashing various items of personal property around the home. 1) The child has witnessed Mother's overdose and violent behavior. Father believes that Mother's mental health problems, violence and instability has and will continue to subject the child to a dangerous environment. Father has the ability and desire to provide for the financial, physical and emotional needs of the child. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation fights with respect to the child. WHEREFORE, Plaintiffrequests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary legal and physical custody of the child. Respectfully submitted, Marylo~s, Esqu~'~ dttorney for~laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document 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 unswom falsification to authorities. MICHAEL B KONY~2KI MICHAEL B. KONYCKI, Plaintiff/Petitioner KELLY A. MCCORMACK, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Michael B. Konycki, by and through his counsel of record, Marylou Matas, and petitions the Court as follows: Your Petitioner is the above named Plaintiff, Michael B. Konycki, an adult individual currently residing at 436 Water Street, New Cumberland, Cumberland County, Pennsylvania. Your Respondent is the above named Defendant, Kelly A. McCormack, an adult individual currently residing at the Holy Spirit Hospital, but whose permanent mailing address is 436 Water Street, New Cumberland, Cumberland County, Pennsylvania. o Petitioner and Respondent are the natural parents of one child, namely, Michael Thomas McCormack, bom November 13, 1992. Contemporaneously with the filing of this Petition for Special Relief, Petitioner has filed a Complaint for Custody requesting primary legal and primary physical custody of the parties' child. 5. Respondent has a history of mental health problems. In or about 1994, Respondent was diagnosed with depression and began taking the prescription medication Prozac for treatment. In May 2001, Respondent was involuntarily admitted for one week to Pinnacle Health Hospital for treatment following admissions of suicidal thoughts, during which time Respondent was diagnosed as having bi-polar disorder. A copy of the insurance statement indicating the starting date of service is attached hereto and incorporated herein by reference as Exhibit "A." A copy of the hospital discharge instructions indicating the date of discharge as May 14, 2001, is attached hereto and incorporated herein by reference as Exhibit "B." In July 2001, Mother was involuntarily admitted to Holy Spirit Hospital and later transferred to York Hospital for treatment following attempted suicide and drug overdose. A copy of the emergency service bill is attached hereto and incorporated herein by reference as Exhibit "C." Following Respondent's release from the aforesaid hospital treatments, Respondent was directed to continue taking medication as prescribed and seek continued counseling and treatment. 10. Respondent did not continue to take her medication as prescribed and did not continue counseling, often failing to appear for scheduled doctor and counseling appointments. 11. Since approximately March 2002, Respondent has disappeared for one to two days at a time approximately one time per month, without notice or believable explanation to Petitioner. 12. Respondent has exhibited violent tendencies recently, as well, often smashing various items of personal property around the home. 13. The child has witnessed Respondent's overdose and violent behavior. 14. Respondent was involuntarily admitted to Holy Spirit Hospital on July 4, 2002, on an emergency, in-patient basis for treatment stemming from a drug overdose and suicidal thoughts and tendencies. 15. Hospital staff have indicated to Petitioner that they can keep Respondent as an involuntary patient for only 120 hours following her admission. 16. Respondent's counselor has explained to Petitioner that Respondent will be released on July 9, 2002. 17. Respondent has indicated to Petitioner that she will not return to their home to reside when she is released. 18. Respondent has told Petitioner that when she is released she will "hunt him down and kill him." 19. 20. 21. 22. 23. 24. Respondent has indicated to Petitioner that she will take the child with her wherever she goes following her release. Respondent's family resides in the Philadelphia area and Petitioner fears that Respondent will take the child to that area when she is released. Because of Respondent's mental health problems, violent tendencies and instability, Petitioner fears that the child's safety and well-being will be compromised if Respondent physically restrains the child to her presence. Petitioner is concerned that without a Court Order providing him with primary physical custody, Respondent may attempt to physically restrain the child to her physical custody by removing the child from the jurisdiction and by refusing contact between the child and Petitioner. In the event a Temporary Order is not entered in this matter, it is anticipated that the child will be resla~ained against his will, subjecting the child to a dangerous and unstable environment. Petitioner does not believe that Respondent is represented by counsel in this matter, therefore, it was not possible to provide prior notice of the filing of this Petition to Respondent. 25. No hami will come to Respondent by the entry of this emergency Order. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing him with temporary primary legal and physical custody of the child pending further Order of Court or agreement of the parties. Respectfully submitted, Marylou~a~, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document 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 unswom falsification to authorities. 19iICHAE~'-B. i~ONY'CKI ~ Po O. Box 23250 Oakland, CA 94623-0250 (800) 888-2998 0001823 EXPLANATION OF BENEFITS PAGE 1 OF 1 Date 08/17/01 Employee ID# 202544109 Employee MICHAEL B KONYCKI Group ID# Group Name Division Name Corrections KELLY KONYCKI 436 WATER STREET NEW CUMBERLAND, PA 17070 Patient/ I Provider/ Claim ) Service KELLY 55128589219 SERVICE DETAIL Servicel Amount NCR/UCR Date(s) l Charged Discount Pinnacle Health ~ Poly Clinic Amount CoDey/ Deduct Plan Member RC Allo~ed Coins Paid Resp** Hospital Stay 05/08/01 4578.00 0.00 4578.00 1523.40 200.00 2854.60* 1723.40 RA Other Service 05/08/01 376.50 0.00 376.50 112.95 0.00 263.55* 112.95 RA Other Service 05/08/01 343.75 0.00 343.75 103.12 0.00 240.63* 103.12 RA Other Service 05/08/01 648.50 0.00 648.50 194.55 0.00 453.95* 194.55 RA TOTAL 5946.75 0.00 5946.75 1934.02 200.00 3812.73 2134.02 PAYMENT SUMMARY INFORMATION Pinnacle Health Hospi 3812.73I MEMBER RESPONSIBILITY 2134.02 * INDICATES PAYMENT ASSIGNED TO PROVIDER. ** "MEMBER RESPONSIBILITY" IS THE AMOUNT, IF ANY, YOU OWE YOUR PROVIDER. THIS MAY INCLUDE PAYMENTS MADE AT THE TIME DF SERVICE. PAYMENTS SHOULD BE DIRECTED TO THE PROVIDER OF SERVICE AND NOT UBH. PLEASE NOTE: SDME OR ALL OF TBE CLAIMS LISTED ABOVE MAY HAVE BEEN SUBMITTED ELECTRONICALLY. PLEASE VERIFY THAT YDU RECEIVED ALL OF THE SERVICES BILLED BY YOUR PROVIDER(S). RC - REMARK CODES LISTED BELOfl ARE REFERENCED IN THE SERVICE DETAIL RA WE HAVE PROCESSED THESE CHARGES IN ACCORDANCE WITH YOUR BENEFIT PLAN. IF YOUR PLAN IS SUBJECT TO'THE EMPLOYEE RETIREMENT INCOME SECURITY STATEMENT MAY BE REQUESTED BY FOLLOWING THE STEPS OUTLINED IN YOUR "YOUR RIGHTS UNDER ERISA". THIS BENEFIT APPEAL A CLAIM" OR AT THE TIME OF DISCHARGE: L *PATIENT'S DIET: ~.~Regular [] Low-fat / cholesterol ' [] AD~ { [] Special *CONDITION: ~;~rl-mproved [] Stable [] Other · ~ . *ACTIVITIES: ~Resume normal activities as tolerated [] Do not drive _ strenuous exercise lbs. Restrictions weeks [] No heavy lifting/ .calories B. SPECIAL INSTRUCTIONS / APPLIANCES / DRESSING / INCISIONAL CARE ' ' ~ Upon discharge ~11 . to sch~ule a follow-up appointment with Dr. to ~ s~n in days / weeks ff one h~ not already been scheduled. . ~her ~pointments ~'mV/ /~ -v If we can be ~ ~her help to you after your discharge, ple~e co~ your do~or. In an emergent, ff yofi are unable to reach your or the Harrisburg Hosp~l Emergency Room at (71~ doMor, you may call the Polyclinic EmerQen~ R~om ~ (71~ 782~132 PINNACLEH~?~$ MR: 161549822 CASE: 210309551 Hospitals' '~ ~'~YCKI.KELL Y pATIENT - i.~.~J~ATE: 05/08/01 ~-' Ph#: 71 7-774-0438 HARGE RUCTIONS x A F DOB: 07/16/1971 AGE: 29 DR:BRETTSCHNEIDER PAUL SSN: h k4b, l((~] .N('Y Mlil)t( AL, ,SER¥'i('[~F 503 North 21st Street · Camp Hill, PA 17011-2204 (717) 761-1038 ° 1-800-367-0512 (PA Only) FEDERAL ID # 23-2463002 BILL TO: KELL. Y A KONYC:KI 4:3,.S 14A'I'L::F;: ST "" ' ' 1. 7070 NF?N C.I..IP1E, E.RL. ANE , F'A INVOICE INVOICE #: ( 907::~:4:32A DATE: (,,. 07/:24/0~ DOB: 07 / 16/71 S.E;N: t ,:':, 1 ---54.-.'.;':-322 PATIENT: I<C~NYCI':::I.,KL:]LI_Y A 4.:3~!, WATER S;T I\IEW CI..IM)3EF;:LAN[.'I., PA 1707C) POLICY NAME: INS. #: INS. #: 202544 :[ 09 0£)0000 £) ACCOUNT#: '7:3:3'79 TRIP#: 9()7:34E::ZA DATE OF SERVICE: 07/:24/01 PATIENT PICKED UP: 4:36 t4ATE::R ST PATIENT TAKEN TO: HOI..Y SI:~IF~IT HOSPITAl_ DESCRIPTION OF ILLNESS/INJURY: 977·9 DRUG OVERDOSE Ba,::;te Ra't:e-rqort '¥r'anc~por't'ing AI..S :342,.7~ SUBTOTAL COMMENTS: WE: CAN NO L..ONGE. R NAIl" [:'OR YOUR ~ C_~ THANK YOU TOTAL 42;'-:.;' · CO MasterCard and I~¥t.v~.l Visa Accepted WEST SHORE 503 North 21st Street · Camp Hill, PA 17011-2204 (717) 761-1038 ° 1-800-367-0512 (PA Only) FEDERAL ID # 23-2463002 BILL TO: KEL.LY A KONYCKI 4:36 WA'I"F.'.'F;: S'I' NE]4 CUMBE]RL.AND, F'A 1707o I]OB: PATIENT: INVOICE INVOICE #: DATE: ( 0'7/25/0,~ 0 ]7 / 16/71 S SN: t 6 ] --.?:' 4. -9822': I<(')NYCKI ,, I<ELI..Y A 436 NATE:R -ST NEW CLIMI.::q~RI..AND., I::'A :t70'70 POLICY NAME: INS. #: INS. #: QBD20254,:{-:t 09 ACCOUNT#: '7:3:37'F.~ TRIP#: 'P()7:34'P'F'F~ DATE OF SERVICE: 0'7 / 2. !:.; I ()1 PATIENT PICKED UP: HOLY SF'IRIT FIOSF'ITAL PATIENT TAKEN TO: YORK HFI,C;F-'ITAL DESCRIPTION OF ILLNESS/INJURY: :311 [ EF F .~ ....I ON ':{c}O ,, !;' .~it.I '.[ C I ~11 AL 'I'I?'NZ]EI'4E; I E BL.S I',ION IFMF:.RGF. ENCY BASE I:~A'1'E: 2'i;'2 ,, 2!!:t 2!>2.25 Mi 1 e-.'~ge Char. ge --' BLS 5.7f 30 1. 72.50 SUBTOTAL COMMENTS: A CL. AIM FEll::; THIS II',IVOICE HA,S BEI.:P4 z~{;,4,75 SLJBI'111T'['ED ]"0 ¥ OUR 11NSURANCE E:ARR }1EiR. CREDIT PAYHIEIqT W'.[I..I.. BE I'IADE '1-0 YOLI,, F~i..I?:A,SE (),,()() Rf.::tl]:T YOUR PAYI'IENT TO US. TOTAL ~/-/ANK YOU ,:.', a,/-'~. MasterCard and ~ Visa Accepted 1VJ_Oj. -I-IQ::IklO lYJ-O2,Sf1S ~ :'ff -qOIOANI iOIOANI .I .:,,~:, ~y ,:.. Z () e :#dllfl.L :AI:If'IPNI/SS:IN-I-Ii -IO NOIJ-dlI:IOS::IC] :O.L NaNVJ. J.N~llJ.¥d :dR Q~iNOId -LN::IIJ.Vd :#/NROOOV :[ :::'l:::),l, NO;::.I ~,:y X "]"IL:t:::-/ __ :OJ. 1-11~ ~'ooesl,~:-e~ # al 'l~'~=~a=L.I ~vO[[- I I OL [ 'vd 'II!H dtueD , 1oo~15 ]s I E ql~oN MICHAEL B. KONYCKI, Plaintiff/Petitioner Mo KELLY A. MCCORMACK, Defendant/Respondent JUL 0 9 2002 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. Oo~- o~o~. ~ (~ CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this c[ ~ day of r xa [ ~ , 2002, upon consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND DIRECTED that the above named Plaintiff/Petitioner shall have primary physical and legal custody of the child, namely, Michael Thomas Konycki, bom November 13, 1992, pending further Order of Court or agreement of the parties. ~ ~ t~"~ b '~ ~,C.~tJ,~te dffD°-~ ~c~ /~'t aa-og, o_~ Defendant/Respondent shall have supervised visitation with the child as can be agreed by the parties, pursuant to her treating physician's recommendations. Defendant/Respondent shall not remove the child from this Court's jurisdiction. In *_he e,,¢,,* tho p~i,,s ¢~nnnt agreg upon_ periods of ~,.,,~,~,~,~a ,,~o~,o,i,,n tho Ce,_,_"t vA.l! ente~°.2n z Petition to eched,.:!e vis!t°-t!e? CCi BY THE COURT, Marylou Matas, Esquire Attorney for Plaintiff/Petitioner Kelly A. McCormack, Defendant/Respondent, pro se Jo MICHAEL B. KONYCKI, Plaintiff Vo KELLY A. MCCORMACK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3236 CIVIL TERM : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Kindly withdraw Plaintiff's request for a conciliation conference at this time. Date: MarylotrM_jttas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Audrey A. Sweeney : Plaintiff : Vs. : : Beth Anne White : Defendant : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02 3226 civil JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for the above named matter. Date: September 7, 2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. DaSd WfKnauer, ~' Esqmre Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Meehaniesburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002 Civil Action - ( X ) Law ( ) Equity Audrey A. Sweeney 111 South Chesmut Street Mechanicsburg, PA 17055 Plaintiff PRAECIPE FOR ~NRIT OF SUMMONS TO THE PROTHONOTAKY OF SAID COURT: Please issue writ of summons in the above-captioned action. X David W. Knauer David W. Knauer, P.C. 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Names/Address/Telephone No. of Attorney Beth Ann White 3310 Winston Blvd. Wilmington, NC 28403 Versus cD ~ o : Defendant DEMANDE~ 5~- ':= : JURY TRIAL '- " __ Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff Signature of Attorney Supreme Court ID No. 21582 Date: July 8, 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Deputy ( ) Check here if reverse is issued for additional information PROTHON. - 55 TRUE COPY FROM tn Testimony whereof, I here unto set my hanO and t~ ~ of said Coif at Ce~e. Pa.