HomeMy WebLinkAbout94-03470
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~w OFFICUI
SNELUAkER
.
orU:rWEMAN
. '
The children are presentlY in the custody of Defendant at
her reBidence as indicated in paragraph 2 above.
During the last five (5) years, the children resided with
the following persons and at the following addresses.
persons Addresses
Dates
(1) Plaintiff and 25 North 17th street
Defendant camp Hill, cumberland
county, pennsylvania 17011
June 1989 to
December 1992
(2) plaintiff and 130 South 17th street
Defendant Camp Hill, cumberland
county , pennsylvania 17011
December 1992
to March 1994
(3) Defendant
130 South 17th street
Camp Hill, Cumberland
county, Pennsylvania 17011
March 1994 to
Present
The mother of the children is Jacqueline Anastasi, currently
residing at 130 South 17th street, Camp Hill, cumberland county,
pennsylvania 17013. She is married to plaintiff.
The father of the children is Rodney J, Anastasi, currently
residing at 22 Royal Palm Drive, Camp Hill, cumberland county,
Pennsylvania 17013. He is married to Defendant.
4, The relationship of plaintiff to the children is that 0
father, He currently resides with his mother, June Cruse.
5. The relationship of Defendant to the children is that 0
mother. She currently resides with the 3 children named in
Paragraph 3 hereinabove,
6, Plaintiff has participated as a party in other
litigation concerning the custody of the children in this court,
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LAW onlUI
aNn L1AKUl
.
altHHHMAU
The court, term and number, and its relationship to this action
iSI Court of Common Pleas of Cumberland county, Pennsylvania/
Number 759 CIVIL 1989 protection From Abuse and custody/ by Order
of Court dated June 2, 1994, a previous custody arrangement was
vacated and the partiee were directed to proceed through a
conciliation conference to establish appropriate visitation.
Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this commonwealth
other than the matter explained in the previous paragraph.
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.
7, The best interest and permanent welfare of the children
will be served by granting the relief requested because I
(a) the children are not currently having any contact
with their father/
(b) the father has played an active and integral role
in the daily lives of the children over the years/
(0) James recently expressed a desire to spend time
with his father/
(d) Carolyn and Christopher recently expressed a
desire that they not spend time with their father,
evidencing a need for family counseling to restore
the familial bonds.
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LAw OHletl
6NElUAKER
.
BRI:NNtMAN
8, Each parent whose parental rights to the ohildren have
not been terminated and the person who has physical oustody of
the children have been named as parties to this action, No other
persons are known to have or claim a right to custody or
visitation of the children.
WHEREFORE, Plaintiff requests your Honorable Court tOI
(1) grant him immediate partial custody of James
Anastasi;
(2) direct such family counseling as necessary to
resolve the differences which currently exist
between carolyn Anastasi, Christopher Anastasi,
and their father;
(3) grant him visitation and/or partial custody of
Carolyn Anastasi and Christopher Anastasi as
appropriate following family counseling,
(4) grant and direct other such relief as your
Honorable Court deems appropriate.
SNELBAKER & BRENNEMAN, P.C,
" )2j)) /(C ',,-C
P 1 H. Spare
44 West Main street
Mechaniosburg, PA 17055-0318
Telephonel 717-697-8528
Attorneys for Plaintiff
By
Patel June 24, 1994
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AUG 3 0 19~.')V
ANAS1'ASI,
plaintiff
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)
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IN THB COURT OF COMMON
PLBAS OF CUMBBRLAND
COUNTY, PBNNSYLVANIA
NO, 94-3470 CIVIL TBRM
CUSTODY
vs,
JACQUBI,INB A, ANASTASI,
Defendant
AND NOll,
~
thls~O day 0
, 1994, upon receipt of the
appearing that the parties have agreed to the
conciliator's
terms and provisions of this order which was dictated in their presence and approved by
them and their counsel, we hereby order as followsl
1. Pending further order of this court, primary physical custody of the three
minor children, Carolyn Anastasi, born October 1, 1918, Christopher Anastasi, born
October 13, 1982, and James Anastasi, born Harch 5, 19S4, Is confirmed in their mother,
the Defendant, Jacqueline A, Anastasi.
2, The Plaintiff, Rodney J, Anastasi, shall have temporary custody of tho
youngest child, James Anastasi, every Saturday from 4100 p.m, until 1100 p,m"
commencing with the first Saturday after the fathor'n attorney provides to the mother's
attorney a letter from the father's attending psychiatrist or psychologist, confirming
:1
. that the father does not represent a risk of present physical danger to thll child. 011
those occasions when the chlldren have activities which are to be attended by both
Christopher and James and those activities conflict with the father's period of
temporary custody, t.he father shall eXl!rclse his period on Sunday from 1100 p,m, unUl
4100 p,m,
3, The parties acknowledge that the father should have temporary or partial
custody of all three children on a regular basis, as soon as that can be arranged for
the mutual benefit of all parties, specHlcally Includlnll the children, To that end,
the partlea shall consult with the offices of Stanley Schneider and Guidance
Associates, Inc" for the follovlnll purposesl
A, Bach of the parties viii moot sllllsutely v1l.h the member of the
stall of Guidance Associates BBslgned to the case to exprellB their concerns
and feelings regarding their relationships \/Ith the children and their
concern about the other party's relallonshlp \/Ith the children.
8, Guidance Associates ohall then meet \/1I.h the children and formulate
a plan for the father to cOlMlence a schedule of lemporary or partial custody
\/Ith all of the children, or as many of them as deemed appropl'1ate by
Guidance Associates, as soon as practical under the clrcumstancee.
:: C, Guidance Associates shall advise the parties and their counsel of
Its recollllllendallons rellardlng a schedule of partial or temporary custody for
the lalher and the children,
D, In the event the parties cannot agree upon the Implementation of the
recoMendallon 01' suggestion of Guidance Associates, \/e \/ill, upon the
rsquest of elthor party, schedule a hearing before the undernlgned lor
purposes 01 considering the lather's request lor a llxed schedule 01
temporary or partial custody \/Ith one, tvo or all three of tho children.
8, The Ilutles will cooperate to seek Insurancs rolmbul'8ement for all
or a part of Guidance Assoclaten' fOOB In thin matter and will divide equally
the cost of such lees to ths extent those Isos arc not covered by such
Insurance, subject to the rlghl 01 olther party 10 ask this court 1.0 adjust
tho payment made by each 01 them at any eventual hearing.
2
II
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II
I!RODNBY J,
II
II vs.
ANASTASI,
Plaintiff
)
)
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)
IN THB COURT OF COHHON
PLBAS OF CUHBBRLAND
COUNTY, PBNNSYLVANIA
NO, 94-3470 CIVIL TERH
CUSTODY
JACQUBLINB A, ANASTASI,
Defendant
JUDGB PRBVIOUSLY ASSIGNBDl The Honorable George B, 1I0ffer
CONCILIATOR COHPBlHNCB SUKKARY RBPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RUl,E OF CIVIL PROCBDURE 1915.3-8(b), the
undersigned custody Conciliatur submits the following reportl
1. The pertinent information concerning the children who are the SUbject of this
litigation is as followsl
HMm
BIRTIIDATE
CURRENTLY IN
CUSTODY OF
Carolyn Anastasi
Christopher Anastasi
James Anastasi
7 October 19'18
13 October 1982
5 Harch 1984
Defendant/Hother
Defendant/Hother
Defendant/Hother
2, A Conciliation Conference was held on 24 August 1994 and the following
individuals were present I the Plaintiff and his attorney, Philip II, Opare, Esquire;
the Defendant and her attorney, Barbara Oumple-Sullivan, Esquire,
3. Items resolved by agreement I None except a t.emporary arrangement. for t.he
father's visitation with one child,
4. Issues yet to be resolved I A schedule of custody and temporary custody for
both parents,
5, The Plaintiff's positiun on cuslody is as follows: The falher claims that the
children have been alienated from him by the mother, He wishes only to have a regUlar
schedule of visitaliun and temporary custody with the children, He recognizes that his
relationship with them is strained and he is willing to wurk with a counselor to return
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that to norma). lie further recognizes that, even wllh counsollng. Il wl1l be somo time
,bofore he can enjoy a regular schedule of contact with his daughter. lie does want,
however, to have a regular schedule with his nons as noon an that can be arranged,
6. The Defendant's position on custody Is as followsl The mother claimo that the
':father phyolcally abuoed her and the two older children and that, an a result, all
i'three of the children are afraid of him, For that reaoon ohe would not agree to any
"
'schedule of violtation or temporary cuntody,
7, Need for oeparate counoel to repreoent childrenl the conciliator seee no need
for independent counsel for the children at thio stage and nellher party made ouch a
request to the conciliator,
8. Need for independent psychological evaluation or counseling: the parties did
agree to work with a counselor in an effort to find a solution to the problems between
the father and the children, lIopefully, with the work of that counselor, they will be
able to reach SOMe agreement to expand the father's contact with the children into a
normal or at least acceptable schedule in the future, 1 am not optimistic, however,
that even a psychOlogist will be able to accomplish that,
9, Other matters and comments I
The attached order was dictated In the presence of the parties and both of them
agreed to Its terms, although reluctantly, With the entry of that order at this time,
no further action Is lIeceUBary, If the counselor cannot resolve the dispute and
sallsfy both parllee wll.h SOMe schedule. then they will returll directly to the court
for a hearing,
29 Augus t 1994
\) (t/'{'\ "
~L(_=:-'v)G.~
Bamuel L, Andes
Custody Conciliator
,
i'RODNBY J. ANASTASI,
II Plaintiff
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IN THB COURT OP COMMON
PLBAS OP CUMBBRLAND
COUNTY, PENNSYLVANIA
NO, 94-3470 CIVIL TBRH
CUSTODY
JACQUBLINB A. ANAS~~SI,
I: Defendant
"
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II
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Qil!.g
AND NOW, this
day of
, 1994, upon receipt of the
conciliator's report in this matter, it appearing that the parties have agreed to the
,'terms and provisions of this order vhich vas dictated in their presence and approved by
,
1
. them and their counsel, ve hereby order as follovsl
1. Pending further order of this court, primary physical custody of the three
minor children, Carolyn Anastasi, born October 7, 1978, Christopher Anastasi, born
, October 13, 1982, and James Anastasi, born Harch 5, 1984, is confirmed in their mother,
the Defendant, Jacqueline A, Anastasi,
2, The Plaintiff, Rodney J. Anastasi, shall have temporary custody of the
youngest child, James Anastasi, every Saturday from 4100 p,m. until 7100 p.m"
commencing vith the first Saturday after the father's attcrney provides to the mother's
attorney a letter from the father's attending psychiatrist or psychologist, confirming
that the father does not represent a risk of present physical danger to the child. On
those occasions vhen the children have activities vhich are to be attended by both
Christopher and James and those activities conflict vith the father's period of
temporary custody, the father shall exercise his period on Gunday from 1100 p,m, until
4100 p,m,
3. The parties acknovledge that the father should have temporary or partial
custody of all three children on a regular basis, a6 soon a6 that can be arranged lor
!I
the mutual beneUt of all partiea, speoifioally including the ohildren, To that end,
,
lithe parties shall consult vith the offices of Stanloy Schneider and Guidance
Ii
i!Associatos, Inc" for the folloving purpososl
A. Bach o( the parties vill meet separately vith the Ilember of the
staff of Guidance ABBociates 88signed to the case to express their concerns
end feelings regarding their relationships vith the children and their
concern about the other party's relationehip with the children,
8, Guidance Aesociates shall then meet with the children and formulate
a plan for the father to commence a schedule of temporary or partial custody
vith all of the children, or as many of them as deemed appropriate by
Guidance Associates, as soon as practical under the circumstances.
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C, Guidance ABBociates shall advise the parties and their counsel of
its recommendations regarding a schedule of partial or temporary custody for
the father and the children,
D. In the event the parties cannot agree upon the implementation of the
recommendation or suggestion of Guidance Associatea, we viii. upon the
request of either party, schedule a hearing before the undersigned for
purposes of considering the father's request for a fixed schedule of
temporary or partial custody vlth one, two or all three of the children,
E, The parties viii cooperate to seek Insurance reimbursement for all
or a part o( Guidance Associates' feea In this matter and will divide equally
the cost of Duch fees to the extent thos(; (oes are not covered by such
Insurance, SUbject to the right of either party to ask this court to adjust
the payment made by each of them at any eventual hearing,
2
LAW OHIClD
BNnUAKEIt
.
BRENNEMAN
RODNEY J. ANASTASI,
plaintiff
1 IN THE COURT OF COMMON PLEAS
1 CUMBERLAND COUNTY, PENNSYLVANIA
1
1 NO. 94-3470 CIVIL TERM
1
1 CUSTODY
v.
JACQUELINE A. ANASTASI,
Defendant
TO THE HONORABLE GEORGE E, HOFFERI
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Plaintiff, RODNEY J. ANASTASI, by and
through his attorneys, SNELBAKER & BRENNEMAN, P.c., and files
this Petition as followsl
1. The Petitioner herein is RODNEY J. ANASTASI, Plaintiff
in the above captioned custody action.
2. The Respondent herein is JACQUELINE A. ANASTASI,
Defendant in the above captioned custody aotion,
3, FollOWing a conciliation Conference held in August,
1994, your Honorable Court entered a custody Order dated August
30, 1994, a copy of which is attached hereto as Exhibit "A" and
is incorporated herein by reference.
4. The August 30, 1994 Order provides, inter AliA, that
Petitioner-father shall have temporary custody of his son, James
Anastasi, every Saturday from 4100 p.m. until 7100 p.m.
3. At the present time, Respondent-mother has primary
physical custody of the ohildren including James.
4. James has not been with his father since Saturday,
LA.,.,. tJ".C[lI
SNU UAklA
/I
U~l. NtlE MAN
October B, 1994, It is in James' best interests to spend time
with his father on a regular and oontinuing basis,
5. Respondent has willfully violated the terms of the
attached custody Order dated August 30, 1994 by denying
Petitioner tempcrary custody in the fOllcwing particulars:
a, On Saturday, October 15, 1994 and Saturday October
22, 1994 Respondent informed Petitioner that he
would not see James because James was not feeling
well, Respondent denied Petitioner's requests to
reschedule these time periods,
b. On Saturday, October 29, 1994 Respondent informed
Petitioner that he would not see James based cn
Rsspondent's unilateral conclusion that Petitioner
had eomehow violatod the Order by attempting to
talk to James,
c. On saturday, November 5, 1994, Respondent informed
Petitioner without explanation that he would not
be seeing James until further notice,
d. On the several Saturdays prior to October 15,
1994 on which Petitioner was able to see
Jam.s, Respondent was 15 to 60 minutes late
for the ucheduled exchange time, nespondent
refuaed to extend father's time with James to
compeneata for hsr lateness.
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e. At all times pertinent to this Petition,
Respondent did not attempt to have the August 30/
1994 custody Order modified, but instead she
unilaterally failed and refused to comply
with its terms by denying Petitioner custody
of James,
6. Petitioner believes and therefore avers that without
intervention of this court/ Respondent will continue to violate
the oustody Order of August 30/ 1994 by denying Petitioner
custody of James,
7, Emergency relief is necessary because Petitioner is
being totally denied his custody rights by Respondents' actions,
WHEREFORE, Petitioner RODNEY J. ANASTASI respectfully
requests your Honorable court to enter an order granting relief
as followsl
1. Order Respondent to immediately comply with the oustody
Order dated August 30, 1994 by allowing James to spend
time with his father, under penalty of contempt I
2. order that Petitioner's temporary custody of James be
increased to make up for the time period where custody
was denied I
3, hold an expedited hearing in this matter as needed I and
LAW Cl"ICf6
SNElUAKER
.
BRENNEMAN
4,
other such relief as deemed necessary to ensure that
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James' best interests are met by regular and continuing
periods of temporary custody with his father,
Respectfully submitted,
SNELBAKER , BRENNEMAN. p.e.
By I' ')11
Philip ,S are, Esquire
44 W. Main street
Mechanicsburg, PA 17055
(717) 697-8528
Datel November 9, 1994
~II.W {'HILt.
8NH"^t(IR
.
BRfNNIMAN
..4..
VERIFICATION
I verifY that the statements made in the foregoing Petition
are true and oorreot, I understand that false statements herein
are made subjeot to the penalties of 18 pa.C.S. S 4904 relating
to unsworn falsifioation to authorities,
-:1;~~Jla1-::l;;c.-Z:
Datel November B, 1994
LAW OHlen
SNEL-UAKER
.
BRENNEMAN
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AUG 30 199+
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IN THB COURT OF cotltlON
PLEAS OF CUHBBILAND
COUNTY, PENNSYLVANIA
NO. 94-3470 CIVIL TBRH
CUSTODY
RODNBY J, ANASTASI,
Plaintiff
JACQUELINB A. ANASTASI,
Defendant
OIDBR
lHD NOll, this .30-:tL day of ~
, 1994, upon receipt of the
conciliator's report in this latter, it appearing that the parties have agreed to the
Iterms and provisions of this order which was dictated in their presence and approved by
I
them and their counsel, we hereby order as follows:
1. Pending further order of this court, primary physical custody of the three
linor children, Carolyn Anastasi, born October 7, 1975, Christopher Anastasi, born
IOctober 13, 1982, and James Anastasi, born Karch 5, 19S4, is confi~ed in their IOther,
.1
, the Defendant, Jacqueline A, Anastasi.
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2. The Plaintiff, Rodney J. Anastasi, shall have telporary custody of the
youngest child. James Anastasi, every Saturday from 4:00 p.m. until 7100 p...,
commencing with the first Saturday after the father's attorney provides to the IOther's
attorney a letter from the father's attending psychiatrist or psychologist, confirming
that the father does not represent a risk of present physical danger to the child. On
those occasions when the children have activities which are to be attended by both
Christopher and JUles and those activities conflict with the father's period of
tempol'lry custody, the father shllll exercise his period on sunday from 1100 p.m. until
4100 P,II,
3, The parties acknowledge that the father should have temporary or partial
custody of all three children on a regular basis, as soon as that can be arranged for
EXIIIIIIT ^ (I>lIl\U I uf 3)
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th. .utual b.n.fit of all parti." Ip.oifiollly Inoludinv the ohildren. To that end,
th. parti'l .ball oonlult vitb tb. offio.' of stanley Schn.id.r and ouidano.
Allociat.I, Ino., for th. follovlnv purpolel.
A, Bacb of the partl., viII .eet separately vith the .eaber of the
Itaff at ouidance A'lociatea allivned to tb. oale to .xpr... th.ir concerns
and f..liDV' ravardiDV their r.lationebipa vith tbe children and their
ooncarn about the other party'l relationlhip witb the cbildren.
B. ouidance Allociatea aball then .eet with th. cbildren and formulate
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a plan tor tbe fatber to co..ance a Icbedule of temporary or partial cUltody
with all of the childr.n, Dr al .any of th.. as d....d appropriate by
ouidanc. Allocilt.l, al aoon as practical under the oircu.stancea.
C. ouidanc. Aalooiatel sball advile tbe partial and their oounsel ot
its r.cu..endations r.vardinv a scbedule of partial Dr temporary cUltody for
tbe fatb.r and th. childr.n,
D. In tbe .vent tbe parties cannot avree upon tb. impl..entation of the
r.co.aendatioD or SUV9.ltioD of ouidance Alsooiatel, we will, upon th.
requeat of either party, Ichedule a bearinv before tb. underai9ned for
purpos'l of considerlnv tbe father'. reque.t for a fixed schedule of
temporary or partial cUltody with one, two Dr all tbree of tbe children.
\!, The partlea will cooperate to seek iuurance reimbursement for all
or a part of Ouldance As.oclatel' fe.. In tbis matter and will divide equally
the COlt of Buch reea to the extent thoae reel are not covered by such
insurance, subject to the right of either party to ask this court to adjust
the pay.ent made by oach ot them at any oventual hearing,
~:XIIIIII'I' ^ (l'IIIVl;' of I)
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CERTIFICATE OF SERVICE
I, PHILIP II. SPARE, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
tore9oin9 Petition to be served upon the person and in the manner
indioated belowl
VIA FAX AND FIRST CLASS MAIL. POSTAGE PREPAID.
ADDRESSED AS FOLLOWS:
Barbara sumple-Sullivan, Esquire
&49 Bridge street
New cumberland, PA 17070
f\J.{; (If,;J C:tL.~
Phti'lp ~;;t~'ESqUire
SNELBAKER , BRENNEMAN, P. C,
44 West Main street
P. o. Bo)( 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Datel November 9, 1994
lA'" {'HKllI
8'H IliA..."
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: physical descriptions and addresses of men with whom she works, The
. child was attempting to determine if they would match the physical
\, description and Mechanicsburg address which the Respondent had
i given to James as to the mother's alleged boyfriend.
8. After the last visit, the child, James, demanded knowledge
of the Petitioner as to whether she was sneaking out of the house
at 3 a.m, to visit the boyfriend since that was what Dad told him
that the family's neighbors were reporting to Dad.
9. Petitioner has no boyfriend, conducts no affair, and
strenuously resists the Respondent's manipulation of this child's
mental state.
10. The result of the Respondent's unfounded accusations have
caused the child insecurity and confusion and is undermining,
without cause, his behavior and relationship with his mother.
11, The confusion after the three hour visit with Dad lead the
child to inquire of his mother whether he could sleep with her to
verify whether what the Respondent had told him about her leaving
the home in the night was true,
3
12. When Petitioner confronted the child as to whether he had
been discussing her with his father, the child indicated that he
had and that, even though there was a court order, his Dad believed
this would be the only way that the child would know "how his
mother 11es",
13, This behavior has caused severe mental distress and abuse
of this child.
14. The Respondent and family have been under evaluation of
Dr. Stanley Schneider of Guidance Associates, As indicated in the
attached letter incorporated herein as "Exhibit e", Dr. Schneider
believes that James' visitation with his father, the Respondent,
should be supervised,
WHEREFORE, Petitioner requests that the court enter an order
as follows:
A) Holding the Respondent in contempt I
B) Suspending the Respondent's right to any period of
temporary physical custodYI
C) Allowing Respondent only supervised vi.italion and
monitored telephone access to the childrenl
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v..
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(.;. '. IN '1'IIB COURT OP CXltlItON
PLEAS Ot CUKBBILlND
COUNTY, PBNNSYLVANIA
NO. 9t-3t70 CIVIL 'I'BRH
CUSTODY
RODNBY J. ANABTABJ,
l'la1nUU
JAOQUBLINB A. ANASTASI,
Defendant
olDa
IHD NOV, thil .Jo-1L day of ~
, 199t, upon receipt of the
conciliator's report in this .atter, it appearing that the parties have agreed to the
term. and provi.ions of this order which was diotated in their presence and approved by
them and their counsel, we hereby order as followSI
I
! 1. Pending further order of this oourt, primary physical custody of the three
.inor children, Carolyn Anastasi, born Ootober 7, 1978, Christopher Anastasi, born
october 13, 1982, and James Anastaai, born Harch 5, 1984, is confirmed in their IOther,
Ii
I tbe Defendant, Jacqueline A. Anastasi.
2. The Plaintiff, Rodney J. Anastasi, shall have temporary custody of the
:;youngest child, James Anastasi, every Saturday from 4100 p.m. until 7100 p.m.,
I
;'coMM.noing with the first Ssturday after the father's attorney provides to the mother's
attorney a letter from tbe fatber's attending pSYChiatrist or psychologist, confirming
,
that the father does not represent a risk of present physical danger to the child. On
, those occasioniwhen the cbildren have activities which are to be attended by both
Christopher and Ja..s and those activities conflict with the fatber's period of
: tellporary custody, tbe father sball exerohe hil period on Sunday from 1100 p.m. until
tlOO p.l1I.
3. The Ilartiu acknowledge tbat the father should have temporary or partial
custody of all tbree children on a regular basis, aa soon IS that cln be arranged for
<rago 1 or 3)
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the mutual benefit of all parties, specifically inoluding tbe children;, '1'0 that end,
the parties Iball oonlult with the offices of Stanley Schneider and Guidance
AI.ociates, Inc., for the following purpoaesl
..-
A. Bach ~f tbe parties will meet separately with the member of the
staff of Guidance Associltes assigned to the case to express their concerns
and feelings regarding their relationsbips witb the cbildren and their
concern about the otber party's relationship with the children.
B. Guidance Associates shall then meet with the children and formulate
a plan for the father to commence a schedule of temporary or partial custody
with all of the children, or as many of them as deemed appropriate by
Guidance Associates, as soon as practical under the circumstances.
c. Guidance Associates shall advise the parties and their counsel of
its recommendations regarding a schedule of partial or temporary custody for
the father and the cbildren.
"
"
D. In tbe event the parties cannot agree upon the implementation of the
recommendation or suggestion of Guidlnce Associates, ve viii, upon the
request of eitber party, scbedule a hearing before the undersigned for
purposes of considering tbe father's request for a fixed scbedule of
"
"
, '
temporary or partial custody vith one/ two or all tbree of the children.
B. The parties viii cooperate to seek insurance reimbursement for all
or a part of Guidance Associates' fees in tbis matter and viii divide equally
tbe cost of sucb fees to tbe extent those rees are not covered by such
insurtnce, subject to the right of eitber party to ask this court to adjust
the payment mlde by each of them at any eventual hearing.
(I>ago 2 or 3)
2
("
.. 'I'Ile father .hall have the right to contaot the ch11dr.n blt ~elephone no !lOr.
tIlan tIlr.. ti... per "lIk. 'l'Ilo., telephone contaot. ,,111 be initiatea by the !IOther
having the ohildren oall tile father at hi.jbome three ti... per ".ek.
5. Neither p.rty .hall like denigrating or di.pareging remark. to the otller
parent or about the other parent or about the children in the pre.enee or in the
-,
hearing of the ohildren. The partie. .hall cOIIunioat. by telephone in the evant of an
..ergenoy regarding either of the partie. or any of the children.
By the Court,
I.J'~L ~,~
Philip H. Bpare, B.~ire
lttorney for plaintiff
Barbara Sumple.8ullivln, I.quire
lttorney for Dafen4ant
TRUE COpy FROM J,ECORDh,nd
In Tlltlmon', whmol. , here unlo ,,' my
end ,he .eal 01 said (ourl 01 Carll.le, PI.
~Q tJ,.. d 1 ~ " \9..,f.!;I
Thll ey 0 ...... f '..;
.., ~,..,a "'I/Io't../...-
~.. ' ~:p~~ihona',ry
,
j,
,
(PalO 3 or 3)
.la
J.
RODNEY J. ANASTASI,
plaintiff
I IN TilE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I No.1 94-9470 CIVIL TERM
I
I
I CUSTODY
VS.
JACQUELINE A. ANASTASI,
Defendant
VERIFICA'rIOlt
I, JACQUELINE A, ANASTASI, hereby oertify that the faots
set forth in the foregoing PETITION FOR CONTEMPT AND EMERGENCY
RELIEF is true and correot to the best of my knowledge, information
and belief, I understand that any false statements made herein are
subjeot to penalties of 18 Pa, C.B.A, Seotion -t904 relating to
unsworn falsification to authorities.
PATEDI
IIh,7/yf
ILl1.1 (., ;;'~:
. ANASTASI
l_'\'" 1,'lhll>
SNLllJllEHf
"
DIll tPltM^H
RODNEY J. ANASTASI,
Plaintiff
HI TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,{ '/1()
NO. 94-1470 CIVIL TERM
v.
JACQUELINE A. ANASTASI
Defendant
CUSTODY
ANSWER TO PETITION FOR CONTEMPT AND EMERGENCY RELIEF
AND NOW, comes the Plaintiff, Rodney J. Anastasi, by and
through his attorneys, Snelbaker & Brenneman, P. C. and avers as
follows I
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. It is denied that during the last period of
visitation, the Respondent disoussed in detail with the ohild,
James, an alleged affair which the Respondent believes the
Plaintiff is having with an unidentified male. On the contrary,
it is averred that James told his father that James thought his
mother had a boyfriend. The father informed James that it would
be against the law for them to discuss mother at all. The
subjeot was dropped at that time.
Some time later during the afternoon James told father
that mother came home late from work and was not thsre some times
when they woke up. Father informed James that they could not
discuss tho topio and that later (meaning months or years from
IA\\' 1""11!>
5NlI [JAI<l II
"
DRrlllllMAt~
now) father would answer James' questions.
Father and James returned to Father's house, where
Jamss asked father about a guy leaving James' house at 5100 A.M.
on a Saturday morning. Father told James that a friend of his
saw someone leaving the house at that time.
7. After reasonable investigation, Respondent is without
knowledge or information sufficient to form a belief as to the
truth of the averments as to what James saidl therefore, same are
deemed to be denied.
8. After reasonable investigation, Respondent is without
knowledge or information sufficient to form a belief as to the
truth of the averments as to what James saidl therefore, same are
deemed to be denied.
9. After reasonable investigation, Respondent is without
knowledge or information sufficient to form a belief as to the
truth of the averments that Petitioner has no boyfriend or
conducts no affair. It is denied that Respondent manipulates the
child's mental state. On the contrary, it is averred that
Petitioner has unduly influenced and undermined James'
e1ationship with his mother.
10. Denied. It is denied that Respondsnt has made
nfounrled accusations and it is further denied that Respondent
as caused the child insecurity and confusion or undermined his
ehavior and relationship with his mother in any way. By way of
urther answer, it is averred that prior to the initiation of
-2-
l"W IIII lei Ii
6Nlt IlA~tR
"
aHII~I~~M^N
this custody action Petitioner told Respondent that she would
seethat he had nothing to do with the raising of the children.
since then Petitioner has systematicallY taken steps to undermine
and destroy Respondent's relationship with his children.
11. After reasonable investigation, Respondent is without
knowledge or information suffioient to form a belief as to the
truth of the avermsnt regarding James' behavior following the
visit with Dad, therefore, same are deemed to be denied. By way
of further answer, it is averred that it is not unusual for the
children to sleep with their mother since the parents' date of
separation.
12. After reasonable investigation, Respondent is without
knowledge or information sufficient to form a belief as to the
truth of the averment concerning Petitioner's confrontation with
the childl therefore, same are deemed to be denied. It is
specificallY denied that Respondent told the child that this
would be the only way that the child would know "hcw his mother
lies."
13. Denied. It is denied that Respondent's behavior has
caused severe mental distress and abuse of this child.
14. Admitted in part and denied in part. It is admitted
that Respondent and family have been under evaluation of Dr.
stanley Schneider of ouidance Assooiates. It i. admitted that a
letter i. attached ae "Exhibit C." It is avsrrsd that ths letter
-3-
CERTIFICATE OF SERVICE
I, PHILIP H. SPARE, ESQUIRE, hereby certifY that I have,
on the below date, caused a true and correct copy of the
foregoing Answer to be served upon the person and in the manner
indioated belowl
FIRST CLASS MAIL, POSTAGE PREPAID.
ADDRESSED AS FOLLOWBI
Barbara sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
~~~4~~~Sf;;~ire
SNELBAKER & BRENNEMAN, P. C.
44 West Main street
P. O. Box 318
Mechaniosburg, PA 17055
(717) 697-8528
Attorneys for Petitioner-Plaintiff
Datel Deoember 13, 1994
LAW unlCil
SNE~ 'lAKUt
"
DHEIHllMAN
5. On November 23, 1994, an order was entered, a copy of
which is attached hereto ae Exhibit "c" and incorporated herein
by reference, upon petition of Mother.
6. Pursuant to the August 30, 1994 Order, the parties and
children have met on numerous occasions with Dr. stanley
schneider of Guidance Associates, Inc. As of this filing of this
Motion, no final recommendations have been made by Guidance
Associates. It is believed and therefore averred that no matter
what sort of recommendations are ultimately made by Guidance
Associates, Mother will reeist and obstruct Father'S attempts to
establish a schedule of temporary or partial custody.
7. Father has not had any temporary or partial custody with
his son Jimmy since the Fall of 1994.
B. Father has not had any temporary or partial custody with
Christopher or carolyn since the Spring of 1994.
9. It is in the best interests of the children to have a
fixed schedule of temporary or partial custody with their father.
10. The Respondent herein has resisted and obstructed the
reasonable attempts of Father to re-establish a relationship with
his children.
LAW mFICL'
SNEl.bAKEn
.
BnENNEMAN
-2-
,t~
;
\I
.' RODNBY J. ANASTASI,
Plaintiff
vs.
)
)
)
)
)
)
)
IN THB COURT OP COHKON
PLEAS OP CUMBBRLAND
COUNTy, PBNNSYLVANIA
NO. 94-3470 CIVIL TBRM
CUSTODY
I JACQUELINE A. ANASTASI,
:: Defendant
I
,
II
I:
!iconcilhtor's
"
AND NOli, tbh JO 1A. day of
QIm!&
~~
, 1994, upon receipt of tbe
report in this mltter, it appearinQ that the parties bave agreed to the
terms and provisions of tbis order whicb was dictated in tbeir presence and approved by
"
them and their counsel, we bereby order as followsl
1, Pending further order of this court, primary physicIl custody of the three
: .inor cbildren, Carolyn Anastasi, born October 7, 1975, Christopher Anastasi, born
I
i October 13, 1982, and Jlmes Anastasi, born Harcb 5, 19S4, is confirmed in their mother,
tbe Defendant, Jacqueline A. Anlstasi.
2. Tbe Plaintiff. Rodney J. Anastasi, shall have temporary custody of the
younQest child, James Anlstasl, every Saturday from 4100 p.m. until 7100 p.m.,
commencing with tbe first Saturday after the father's attorney provides to tbe mother's
attorney a letter from the father's attending psycbiatrist or psychologist, confirming
tbat the father does not represent a risk of present physical danger to the child. On
tbose occasions wben the children have activities whicb are to be attended by both
Cbristopher and James and those activities conflict with the fatber's period of
temporary cUBtody, the fathor shall exercise his period on Sunday from 1100 p,m. until
4100 p,m,
J, The parties acknowledge that the father should bave temporary or partial
custody 01 all three children on a regular basis, as soon as that can be arranged for
Exlli!>i t ^
:\ '
:the ~utual benefit of all parties, apecificallY including the childr.n. To that .nd,
I
\ '10 ,.,'1" .h.ll ,,,..,t .lth tho .ffl'" .f ,t..l., .'10.1'" ... ..1"'"
',Associates, Inc., for tbe folloving purposes I
,I
I
'I
iI
II
il
II
,
I'
1\
A. Each of tbe parties will meet separately with the .ember of the
statf of Guidance Associatos assigned to the case to expr.11 their concern.
and fe.lings regarding tbeir relatiousbips witb the children and their
concern Ibout tb. other party's relationship with the children.
B. Guidlnce Associates sba11 then meet vith th. cbildren and formulate
a plan for the father to commence a scbedule of te.porary or partial custody
with all of tbe cbildren, or as many of tbe. a. d...ed appropriate by
Guidance Aasociates, as soon as practical under tbe circWlltance..
'I
C. Guidance Associates shall advise the partiel and their couns.l of
its recommendations regarding a schedule of partial or t.mporlry cu.tody for
tbe fatber and the cbildren.
D. In the event tbe parties cannot agree upon the i.p1e.entation of the
recommendation or suggestion of Guidance Associatel, v. viii, upon the
request of either party, schedule a helring before the undersigned for
purposes of consldering the father's request for a fix.d Ichedule of
temporary or plrtia1 custody with one, two or all thr.. of the children.
B. The parties will cooperate to seek insurance rei.bur....nt for all
or a part of Guidance Associates' fees in this matt.r and will divide equsllY
tbe cost of luch (ees to tbe extent those lees are not covered by .uch
insurance, lubject to the right of either party to ask this court to adjult
the payment made by each of them at any eventual h.aring.
2
Exhibit 1\
,
I'.
!
"
I'
,
I
4. The fatber sball bave tbe rivbt to contact tbe cblldren by telephone no lOre
than tbree times per week. Tbose telepbone contaots will be initiated by the mother
baving the cbildren call the father at his home three tiles per week.
s. Neitber party shall make denigratinv or disparaging remarks to the otber
parent or about tbe otber ~arent or about the children in the presence or in tbe
bearinv of the children. The parties sball co..unicate by telephone in the event of In
el.rgency reglrdinv either of the plrties or any of the children.
By the Court,
1..l/~L ~.~
J.
Philip H. Spare, Esquire
Attorney for plaintiff
Barbara Bumple-Bullivan,
Attorney for Defendant
I
!I
"
:\
Bsquire
11
,
TRUE COpy fROM REC~:Dhand
In Testimony wh~r;ol, I here unto &ll Y
and the seal 01 nld Court at Carlisle, Pa.
II t:J..- d 1 'f\..", "',,, 19",f};I
this ..,~,y.....,.., ay 0 "....~d' '
A't' /I ,!I"...~,....,-
t1rAf ....I.t'\-..t..."
_......- . .. . ~f:\ Proth 'ary
~n'
,
"
"
ala
3
rxhiblt ^
RODNEY J. ANASTASI,
plaintitf
I IN THE COURT or COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 94-3470 CIVIL TERM
I
I CUSTODY
v.
JACQUELINE A. ANASTASI,
Detendant
ORDER
AND NOW, this (/~ t. day ot November, 1994, upon
consideration of the within Petition For Emerqency Reliet, it
is hereby ordered thatl
a. Respondent shall immediately allow Jame. to
spend time with his tather by complyinq with
the custody Order dated August 30, 19941~
b. LilichedU1ing_~ements~ be mad
parties'.-t'espec ive 0.9U e1 0
ti~~.periods wh ,Petition as den
es.
BY THE COURT I
UW O'PlCII
SNEIBAklR
Q
BRENNEMAN
~_..
a,\~ frt~lu.r '5/\..4(( 1\(Jt. o.L~ -k
~W1""\ A. l S"f11. JIlAWI, ov ~....y oM,,-
o~ 1\\"1 ctli(J.I~) at)(l.ti) -(~ ~~{U1"
(I' {J Ii.l( (jJ(l..y IJj kll 'ki"t' LI~ ~.
TRUE COPY FROM RECORD r;: Eli-
In TIItlmonV wMreef, I hill n.... 11ft IIIIId
and Ih.t, 811I1 lit sail G~' >JIIt Clr1I1M, ~,'
Thl{. \ da 01 fl!-1~. 19~
" ' 'L_
-
Exhibit II
( '.
II
,
;, JACQUELINE A.
I,
II
"
"
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 94-9470 CIVIL TERM
RODNEY J. ANASTASI,
Plaintiff
ANASTASI,
Defendant
CUSTODY
I: ORDER
!! AND NOW this )'31' e:A... day of -11 ~ ILY'
I
~! oonsideration of the Petition for Contempt and Emergenoy Relief
1994, upon
"
i; filed by Petitioner, Jacqueline A. Anastasi, it is hereby ordered
,
, and decreed as follows:
,
Ih:u;pun~ent, "uti..", J. "n..,t,,1. 11 hA'I"'f:lhy fSlIftd Lv ba in
~Ullttlllll-'L ul Ll,~ Grdaro nf t"nllrt dat.tuJ. A"9\1lt JO, 1Pg4 a"d lIo..<<!ft\Dar
9, 1994. All further contact between Res~ondent and the ohild,
James, shall be supervised as the parties oan arrange. All
telephone contact with the ohild shall be monitored by the
Petitioner or shall cease to oocur.
,I
II
"
I This order shall remain in effect pending further order of ,
11 this court. tl('a~lIl;1 It' k I\RcL hi .(-tl..e- (IU'r1knl-f-l- cd-
:! ,(eLL , ( M-LLS ( old f'( ((~ v pa ~{i-
II U
" BY TII COURT:
I'
" TRUE COPY FROM RECORD
'~Testlmony wherlol, I here unto set my IiInd
~ Ih. stal, 01 IdjOU ,It Carlisle, ~, I.
Thll _"'-J;, ,I.. da -u:.. 19~
. ,
.... \ "-- -..
I,
{!
rge E.
~'
'(
, j)
.......... LI.
~ ,11;1
,- /j
Exhibi t C