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Home My WebLink About96-00018 ~I ~ ~ -j ~ '.7,1 ~ I a: ., '1 i i , i , i , ~ I , , ; i i J I I i I , ()O - .' . JOHN A. POSAVEC, IN THE COURT OF COMMON PLEAS OP Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-018 CIVIL TERM CIVIL ACTION - LAW SANDRA L. POSAVEC, Defendant CUSTODY IN REI CUSTODY ORDER OF COURT AND NOW, thie 30th day of May, 1996, upon coneideration of Plaintiff'. Cu.tody Complaint reepecting the partiee' children, Audrey Jane poeavec, born March 27, 1987, and John Andrew Poeavec, Jr., born February 27, 1989, and following a hearing, it ie ORDERED and DIRECTED a. followel 1. Legal cuetody of the children shall be ehared by the partiee. 2. Primary phyeical cuetody of the children ehall be in the father. Partial phY8ical cu.tody of the children ehall be in the mother for the entire period of their eummer vacation, with the exception of two nonconeecutive week. to be choeen by the mother/ on alternating weekende from 7100 p.m. on Priday until 7100 p.m. on Sunday/ during the children'e entire epring vacation from the day following commencement of the vacation at 7100 p.m. until the day before the end of the vacation at 7100 p.m,/ and, on an alternating baeie, from the day following commencement of the children'. Chrietma8 vacation at 7100 p.m. until Chri.tmae day at 2100 p.m., or from Chrietma. Day at 2100 p.m. until 7100 p.m, on the day before the end of the children'. Chrietma. vacation. , Progress Reulew Meeting Student Name:~~ f:r.--... Teacher: M L f ~ Grade: I GO~L(SJ: 8'afl1j J)~ ~ ~ .v..~. Ho-J.L ~~) "IJ;;tt-~1 fJ., .F~ .. . SUCCESSES: -+- . _ -I- A~ # f O~.j..:J ~ 1J .~"'\ r "~ . vJo-J.-J,w-~o I-/~ ., jLr~fT1 d.P.,l .ft) ljj, c1\.t\."-[) . - /1/('.1..r (,(,1.' I'(L .00 Ll II (~ ~ CI. ~:-' <-;:'J() C.ltctt 6^.-1 ~ 'J~~ '0i.'I~ ~ 'Vii r.ROBLEMS RNO CONCERNS: I I C;-(C \ D L)..,.. 't ~ j)~ ~ 113t ~,;J11( v~. ~) : Rok ~ {o-i-(~I#"t'" ~ /J' '8 ~ -1-' _ u. ,. f\o:J., '3~ - 'iT. - 0' n ~ _~-f'^~/1~ o ,JU~~ duJ.,., '.t ".,.-J r / 0 ~ '-j'7f ~... #......Of} J RECOMMENoRTloNS: ~ -M1>c.~(~) ~:t..Hf _ C~ Poi., ~ CtfM'l:.--J '~(llndlnrll: ..!::...J~ lurgllss ~Il. MrDannell _D. Perleln. ~rln'eg _So llld:lrd. ~,.Mn"flr Mrs. DlllIl,rll Z C AlaI.- V f~ (;.. I Progress Reulew Meeting student NlIme:-'lt.J.:J p~~ Teacher: V (J,...L- Date,!lP:!..ih _.. GURUS): C~ ~~ '8'4: ~ -f ~.""" CIT''f~ _.r' ~"? 1'./i~ () '''T'-t-..I., J 1. J S'"<;! ,.c..,A-<~--<-, u.-/t.__ 15 (;1~ ~~A-"1 l/~.....{,' TO 1(\, '1 .P'~ SUCCESSES: . ,-., ~ S s- It. I L~ '7,.f.'""A.,.".Av. \ IJJ1,..-t' ~ (f 15 ~ ~ (~ c; .,.~.:t:.J.....:L..n1) (2~ ~ ~~~ - ;). +tJ"3 r~-Vf f'J.A~-'~ d . l~~1 ;V-<ry~ -~ 1(11 (/-clj ~.'-Yt<<~~ l,0 ~~ ./',,;::;t;:1.~ - <j s-.~ (~J I&~ {~t'cvI- ~RUBLEMS RNUCrCERNS: '2.... (' ~"'-'-t..,~ - fJ.t.'S .~y~(..lj f(~~~'~ - 2. - ~ V 1. i<~ ' -;;. -:!- ( fX~1 f~.::J) ~ I.--rr,d;-. 5+~J "~:;}.~A""" ~~ .~ II d /.Mi;~~ J)~ Jf- ~~ .JI t< o..-to...ly ----- .:a-' ... Ii, _. on I In~l IIn,llIncll: C"'1;h.olJ-tJ ~ In 7..9 (.-J~.. A (.J(') . n / ----,~ v _ .J. Burllnl O~ ~ /] 2.3 S?~ rfv-... Lytt,.nn,," RECU7M~~~~T1UNS: ;/ ~ ..6. Plllt-Inl - f-"...,..-.I ~ -f.' jJ. vd~ __D. Brlnl..., ~C ~ f .-( u.....:::t----;, .D.lIltl~r1l~ - /C J,-<,.:n::CI' ..A..A.,/ 1- A A J.~;,;:J:'~ ~ ~""'U"-''-'" =-~d~.E~I-<.. ~ ,'-<' d X;,MK.1 t<. "''\..A.~",--:t~-:;t;.~ - ---.....--- - /'t C,"~~....... ---'AI""..... 'I IJI (1'~ ,<"'... p-'1..'",..)} . l.... ...-..---. ~(\ (~ 5'1- l^-t'&.....;{-- { )./-AJ{ t1tl;;1..lJt -S-(l~~~ P~7"<-- I ~~(t ....."",--- IJ - ,"" t1 f-'" -c ~AMoI (...H_ ~-p.i.Il~~ J/1h, IlL' fLu..) (I,.,/.,,: II",',' tn( .~<t.TAM...<, rJ~J r:r,;((1J./J _ .., VI"., I A'....')'. 1r,. '1.C.-u.^'i~7.0.... ( L_"-' r" - 1"IIII.IC4"'..........".... " .. Jovn: GF.NSU:R SAFF. IIARIJOlJR TRAINING RF.CORI) COURSE COI.U:Gf:rrRAINING IlATF.S INSTRUCTOR Day Care Center , Department of Public 9/16/93 H. Richard Allen Orientation Wellilre Building Strong Capitlll Area Intermediate 10/19/93 James Van Horn Families (Cultural Unit and Penn State Diversity) Cooperative Extension Women Helping YWCA 1111/94 Dhyana Gehris Women Active Parenting Carlisle Cares About 1/6 & 1/20/94 Molly Borges Youth Communicating with Penn State 4/6 & 4/23/94 Tess Locacia-George the Sexually Abused Child Building Strong Capital Area Intermediate 10/18/94 Lavema Fountain Families (Family and Unit and Penn State Winnie Backlund Community Cooperative Extension Carolyn Whitt Approach to Ollice Violence) Child Lures Carlisle Army War 9/13/94 Kenneth Wooden College Connict YWCA 12/8/94 Various Management Workplace of Dickinson College 3/28/95 Various Difference Helping Volunteers ESCAPE Center 4/24 &26/95 Nancy Summers to Become More Grace Sage. Chris Etlective Ziegler ... AIDS SCAANI United Way 6/21195 Marty Tornblum Child Protective Cumberland County 7/31/95 Darlene Orr Services Law Children & Youth Leisure Skills Medical College ofPA 10/5 & 6195 Jim McCormack Arlene Solomon Building Strong CAIU & Penn State 10111/95 Linda Shoop Families Cooperative Extension Beth Stratton Common Crisis Contactllelpline 10/24/95 Georgia ShealTer Reactions Microsoft Office Skill Path Seminar, York 3113/95 Continuing National Association of 3/15/96 Various Education Social Workers Conference " ... JOVCE GENSl.ER HEAD START TRAINING Ri:CORD COURSE COLL.EGErrRAINING DATES INSTRUCTOR First Aid American Red Cross 4/29/88 Melissa Major Home Base Training Head Start 9/20-23/88 Various AIDS PA State Health 10/21/88 Sue Miller Adult Counseling Head Start 10/27/88 Jane Hunsecker Child Development Head Start 10/19/88 Margaret Bentsen Associate Chiild Sexual Abuse Shippensburg University 11/7,14.21/88 Dick Dracha Training Needs Shippensburg University 2/17/89 Vicki Dimidjian Assessment WolfTrap Head Start 4/21/89 Various Computer Training Shippensburg University 6/6,8,13,15,27 Gary Armstrong 1989 Early Childhood Shippensburg University 6/19-23/89 Brenda Wheeler Disabilities Head Start.Chambersburg 9/7/89 Child Development Shippensburg University 9/14/89-1/90 Vicki Dimidjian Child Sexual Abuse Harrisburg YWCA 2/16/90 Debbie Weik Child Abuse Social Workers 4/24/90 Phil Quinn Drug & Alcohol D & A Commission 6/6/90, 7/24- Jack Carroll 25/90 Infant CPR American Heart Assn. 9/21/90 Melissa Major '- Standard First Aid American Red Cross 10/12/90 Working with Drug and Alcohol 12/7/90 Jack Carroll Resistant Parents Commission Families in Crisis Head Stan.Philadelphia 2/20-22/91 Various Meeting Children's Temple University 2/9/91-4/20/91 Marianne Torbert Needs through Movement Activities Working with Maryland Committee lor 5/919) T. Berry Brazelton, Families of Young Children Stanley Tureck, Children Lawrence Kutner, Ellen Galinsky Child Abuse Shippensburg University 2/15/91 Dick Dracha Child Care Food Shippensburg University 3/91 Carole Crusey Program Child Development Shippensburg University 2/15t04/26/91 Abby Newberger Mental Health Shippensburg University 2/15t04/26/91 Jane Hunsecker Disruptive Child Head Stan.Chambersburg 9/4/91 Tillie Bayless Music & Movement PA Head Start Assn. 3/19/92 Cathy Kuker for Preschoolers at Home Daycare Harrisburg Area 3/27/92 Abby Newburger Observations Community College Understanding PA Coalition Against 9/15/92 and Jackie Stutts and Domestic Violence Domestic Violence 10/16/92 Nancy Durborow CPR American Red Cross 10/30/92 Melissa Major Building Strong PA Cooperative 11/6/92 Various Families Extension CAIU Children's Lit Penn State 10/14/92 Sign Language Deaf Services & Support 1/4/93 to 5/93 Josie Barone ~ - ~ ~ ~ 5 f!l ~ ~ z 2 ~ ~ ~ z 8 ufu 0 '" 0 B g U) ~ E-4 o ~ o . u u Z ~ ~ U) 0 ~ z .~ ~ ~ ~ e: ei u ~ ~ ~ ~ U) > 0: ~ ~ . ~ ~ ~ g -a~; II · z: f!:l U) ~~.. ~ ~ fIJ i ~ ea ILl ~ ~ ~ ~ ~ 8 ~ E ~ 0 ; i \. ~ 0 Jz < g ~ tl:: tl:: ILl Cl U ~ ~o tl ~ ~ ~ ~j ..... s ~I ~ '1 ~ U) This certificate is given to flu dl't'.u 71, s tL V t!. ~ for takin'g part in tl/'a.-de.s' /-~ (age grOllp. l'Iass, or deparllnenl) of during the Vacation Bible School fJ1t ()I;u~t LI.I11. ChUf'(!.h at Date CtJP~n!Jhl:C 1994 bV Cli"e$buI) MddlJ 10 USA. 103045 :~ ;~j 'i-"i . I '-ir.. 11,.: ;f'I" .,' ,~.,..~., ,\ :, ',< ",'I .!I,.t':, ";'1 ~ ., 1 In Appreciation This certificate is presented to ." SClIldy 'PO'So..Ve.t. in grateful appreciation for faithful service during Vacation Bible School 1995 as a ~/~.kr with .:l '-IeQr a/cis reA at Presented the ~34 day of ::June ,1995 ~~--' ~ /rA//~d . Director 1 ~ tnJ -. . :ti ~~ ~ ~~~ ~V)~ I' . '! III rt~ , l'., It I:: ",' ~!E I ~ . I ~ . . . ~ ~.~'.,', ~ !j. .' 1/)' ,9 '. ~. 1ft ft '; 11, . '. . . ..:... ...................................................................~. ~ ~ E J f.{ 'ti. 1 . tl ~. t! U ~ J ihJl ~] lIDJ II ~~ :1 II 0 ::: II ~~ ~ FOb _1ll,,"'Q \ <<)~\ ~-:; ., .. '" I Ii ~,~ :, I ~. 1 :~~2~~ 1:1" · lh~ ~~~l'J ,~.gi~; ~. J Iii U~ iUI.Ul~ll~i ~ E E. ~ t~; ~~lh 1~II~i _ Ii ~ " t . ij..: \ Ii 1..11 11 ,. t II G !i' ~ t.ll' il ~.tl ,Jj ..~,ti~lfi i1'i 11 II (.~ ta .1 i"1J81'! [. 'U: 1;i)9 ~ J J ~ 1 i ii.~ i w 1 r~~ 't I'~ro ' ~ ~'ul nU,.11 11~IGuur~l ~llt!~~~: ~ I'!" ..., ~d~l,'!h tuuuh "lhl! [Iii' . . ,........... , ' / " " -II JI .R a ~ i1f fro. fIll J~ ~Iu f"l " ............... ~t ld!hibUu~dJJdftfh ............. II J t .,.R I; I I ! t j I ~ I i J 'f IlJ fa 8 f" .II ., .. iUJ.H 1!~! Ufilil,.. f.~J fll v ~ ~.li~iIJI1JfIJfIJJii,iJIJIJlt!I!1 ,............ Date: J /'(/1(. ")(~kt.. J. --,' 101. LJ ~l.y5t' J~LJc,'~ Cj70t ., ). {~;,-LLC" '-11 < .J.-........( , ^~ 5,} {) '6/,1 t r-' I f'1fIJJ(v..r>\~' n 0111 '114' Ll'CJ.. .Le'IOrt!Jfefpqeam LdtJrl 'Efmten/lI1}/ ..Jehoof Cllrlisk }lira SChoof ~is/ric/ 62.1 W, Pcnn Sln!cl Carlisle, 1'/\ 171113 (717) 24().67R.'i OeM S.~L~d~___---_: I am the slIppnrtteacher at LeTort Elementary School. Your child, has bL'l'n referred to our Help Team to rec;cive additional support to chiellC success in schoul. I will be gathering information about your child's strengths and \\eaknesscs as a learner and about his / her behavior, I will be observing your child in the classroom and gathering information about his / her performance on the curriculum materials that are being used in the classroom. I would like to know your perception of your child to assist in the development of a plan for successful instruction. What do you consider to be his / her stren~,ths and weaknesses? I will call you to set up a time when we can meet ur we can speak on the phone, After I have finiAhcd gathering all of the necessary information, a ffiL'l'ting will be held to brail1/ltorm instructional strategies, As n valuable member of our team, you are iJl~ ited to participate in this meeting. The team meeting will be held on ~'"j''' 11~ {11~Jt. 'I in Mr. Burgess's office. We are looking i'orward to mL'Cting with you. Enclosed you will find a brochure that explains the LeTort Help Team. Thank you for helping me learn more aboul your child. I will be calling you soon, Sincerely. yerafdlne 9r{c1)o1tne{[ Geraldine McDonnl'll Support Teacher '. " L,e'IiJrt:lfefpqeam LdtJrl 'Efmtelt/II'!J Schoof Cllrfisk Aml SChoof ~is/ric/ )' ~c:,>1 f":7,.,, /",it, /AI , , 'f1-1 /d'" 'j PU(J- ....' ~'5 I~"'I r ti( rS ' f" C 62.1 W, !'..no Sln,..l Carlisle, 1'/\ 171113 (717) 2411-67&'i Date: ;z, 1'711,-_ DeM -_S:~~I8-(d~_____: I am t1w slIpport tl?acher at LeTort Elementary School. Your child, a l.'--<~ has bL'l'n refcrred to our Help Team to rec;cive additional support to achie.,e suc 'ss in school. I will be gathering information about your child's strcngths and \\ eaknesscs as a learner and about his / hcr behavior. I will be obscrving your child in the classroom and gathering information about his / her performance on the curriculum materials that arc being used in the classroom. I would Iikc to know your perception of your child to assist in the dcvelopment of a plan for successful instruction. What do you considcr to be his / her stren~,ths and weakncsses? I will call you to sct up a timc when we can meet or wc can speak on the phone, After I have finiAhcd gathering all of the necessary information, a mL'Cting will be held to brail1/ltorm instructional strategies, As n valuable member of our team, you are iJl~ /led to participate in this meeting. The team meeting will bc held on in Mr. Burgess's office. We are looking i'orward to meeting with you. Enclosed you will find a brochure that explains the LeTort Help Tcam. Thank you for helping me learn more about your child. I will be calling you soon. Sincerely. gerard/ne 5J{c(J)onnell Geraldine McDolllll'1I Su pport Teacher \ . . -' , , . , q~(Y)~~ 1)'9' ~\~- \'86~ - I - 9 - \q~~ , I , ': I " ~~. ~~ 5~ .., I \ , , , , , , , , , , , . : , , ,. I .' , " . ',: 'I' ~. , I , ,I' ". ,,' , /. ., I" ,("~' .,; , ' I j. , I' , , ) 4 , , ' ~, ',r. . I, I ,r ~ I ,; i ji: I: / 'I ,i JOHII A. POSAVEC, Plaintiff I. THE COURT or COMMO. PLEAS CUMBERLAIlD COUJITY, PEnSYLVUIA v. .0. el(, - cJ I S ~ CIVIL TERM SUDD L. POSAVBC, Defendant CIVIL ACTIO. - LAN CUSTODY ACTIO. ORDER or COURT AID .ON, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before _(J....o...)'\ S <)1",,,\....., . Esouire, the Conciliator, at , A"'\ \.A), '('~'" 'S\. Mnh,.t\ILJ,..,j on the 1,\ I.L day of '. -~'l-\II('-~LJ_' 1996, at Icv 1L.M., 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. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, -.f) ,......vl/ d 4u Jdlll- i,-,.,~( {/ .- rJJ/ 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. OFFICE OF THE CODRT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 360-6300 r\\FD'OFI'ICS ...-" '-\".'1"1 . r~ '~" ,! ' ,,, I ,'. \I II ",. ".' . (lr 1','1 \ \ {"i\ 7: 30 ;JLJ ....1.1' . , I i " i' I .. Y-, . I ,,,tr" CUI', ..,.:\':.~ ~.' ,-,Ut-,''\ \ "'." . _,'I ",\ \. I '.I" \ ,. 'j ~ i..... .. ~" \ ,,/I.qiP /'//'9~ /.//,9b ttd . ~ /l1~.w~ at1 ~ /1~ If,f~'~ ~ ~. (tlfy i}ft~ ~ D~~ . Due to the Defendant's deceit the children are presently in the physical custody of Sandra L. posavec, at Safe Harbor, Room 332 102 W. High Street, Carlisle, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Per.on. Addr..... Oat.. Mother 102 W. High st Rm 312 12/24 - present Carlisle, PA Father 804 Front Street 6/93 - 12/24/95 New Cumberland, PA Mother 126 Mat'ket St 6/93 - 1/94 New Cumberland, PA Mother and Father 804 Front Street 6/93 - 6/93 New Cumberland, PA 6559 Carlisle pike #7 6/88 - 6/92 Mechanicsburg, PA The mother of the children is Sandra L. posavec, who currently is living at Safe Harbor, Room 312, Carlisle, PA as a result of an abusive situation with a boy friend. She is divorced. The father of the children is John A. posavec, who has resided at 804 Front Street, New Cumberland since June 1992. He is divorced. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides with the following persons: ..... Audrey J. Posavec John A. posavec, Jr. R.lation.bip Daughter Son 2 5. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: .... Relation.hip Daughter Son Son (1 month old) Audrey J. posavec John A. posavec, Jr. Jack Matthews 6. Neither party has 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has participated in the primary care of the children throughout their lives. B. Plaintiff can provide a stable environment. c. Plaintiff can provide a loving home. D. Plaintiff has been the primary caretaker of the children since their mother moved to Harrisburg in 1994. E. Defendant does not have adequate housing or income to properly care for the children. G. Defendant has placed the children at risk due to her personal life style. S. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. 3 'j ~'" '_J ~ ~~ I.., ~ f" N) >- - ':~ In [r: "" r'; ':i- .~ l'\J ).~ M ,--. co :., '-9 IlJr~ 2.~ ~'; M (I- , ~ fr,- .... , , a -::!i ..".; c ( r.. (~.. i Cl ~ (I;() -, '~ _ f.. ~ (,) -'.1 CJ ~ -4! ~'I'.' I " r1. t I:' . l;j"" ~ '.) " ~ , '~J , . - , !'~f~ '" II. .,., :3 - () l..n 1..) l 0 ~ .. !::: 0( w ~ ijj .J W .. 0: Z " ~ 0( .. ~ I ,. III W Z 0 '" .. " J ~ :( III , % Z !::: 0 0( .. w % " .. N Ii! 0( :;: III . . JOHN A. POSAVF.C, Plaintiff IN TIlE COURT Of cor.r.tON PLF.AS CIJMIlF:RLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 96-01R CIVIL TERM CUSTODY v, SANDRA L. POSAVEC, Defendant ~ The defendant, SandrR L, Posavec, hereinafter referred to as the mother, resides at James Wilson Safe Harbour, 102 West High Street, Apt. 312, Car1iste, Cumberland County, Pennsylvania 17013, She and John A. Posavec, hereinafter referred to as the father, are the pllrents of Audrey J. Posavec and John A, Posavec. The mother has consistently acted in her children's best Interest and has provided and can continue to provide for the children's emotional, physical, educat lanai, and medical needs, She is the parent who can best faei II tate contact wi th the children and the other parent. Prior to June, 1993, when the part les separated, the mother was the primary caretaker, but because of flnuncial difficulties she asked the father to take care of the children on a temporary basis until she could secure a job and adequate housing for herself and the children, When she WIIS able to have the chi ldren I [ve with her und asked the father to return the chi Idren, he refused. The mother maintained regular contllct wi th the chi ldren throughout the time the father had them, During this period the futher arbitrarily withheld the children from visiting with the mother on several occusions, At one point when the chi ldren I ived with their father, the mother was physically abused by the fllther of her infllnt son, but she left him In July, 1995, pursued crlminul charges agllinst him und filed a Protection From Abuse action against him. She never exposed the chi Idren to violence choosing not to bring thetA with her until she had left that relationship and moved to a safe locnt Ion which had adequate nccommodat ions for the chi Idren. Since the chi Idren have resided with the mother in December, 1995, she hns offered the father a reasonable custody schedule. When the children were staying with their father, the mother picked them up on a regular basis and often found the house in a general state of uncleanliness and disarray, Several times she was so distressed by the filthy conditions the children were living in at the father's home that she cleaned his home so that the children would have a clean environment in which to live, The father admitted to brewing beer In the basement where the kitchen was located, but he kept it locked and refused to let the mother into that part of the house, which the children confirmed was also dirty, The mother's concern about the condition of the children's envlron~nt caused her to keep the chi ldren with her in December, 1995. The mother also had concerns that the father exposed the children to guns and ri fles which were accessible to them in his home, Since she resumed her role as primary caretaker of the children in December, 1995, the mother has worked to address long standing concerns regarding the chi 1dren. The parties' son, John, has a history of behavioral problems prior to the parties' separation. The parties' daughter, Audrey, who also attends Letort Elementary School, was recently diagnosed wi th Attent ion Defici t Disorder (ADD), is taking prescribed Ritalin during periods when she is in school, and her performance has improved noticably. Since the mother enrolled the children at Letort Elementary School, they have benefitted by daily access to counseling. The mother has scheduled an appointment for a psychological evaluat ion of John. The mother is in regular contact with the children's teachers, school counselors and administrators. The IIlOther has been employed on n pllrt-time basis at the Cumberland/Perry Domestic Violence Shelter since December 5, 1995, and works IIpproximately 20 hours each week. The mother has II one bedroom apartment wi th full kitchen and bath facilities at the JlIB1es Wilson Safe Harbour. The children sleep in bunk beds in the bedroom with their infant brother, Jackson, and the mother sleeps on the couch in the I iving room. The mother has received commendation by the staff because of the cleanliness and general appearance of her residence. The atmosphere is safe and friendly and the chi Idren hllve friends that I ive in neighboring apartments. The IIlOther has been on the IIUD housing I ist since November, 1995, and is awaiting a :I bedroom apartment. The mother continues her education by attending and successfully completing a number of parenting and related clllsses facilitated by trained staff at the James Wilson Slife Harbour, For reasons inclUding these, the mother feels thllt she should retain primary custody of the children who hllve resided with her in a stllbte and secure environment since December of 1995. JOHN A. POSAVEC, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-018 CIVIL TERM CUSTODY v. SANDRA L. POSAVEC, Defendant NtX>RANIllN The defendant, Sandra L, Posavec, hereinafter referred to as the mother, resides at James Wilson Safe Harbour, 102 West High Street, Apt. 312, Carliste, Cumberland County, Pennsylvania 17013, She and John A. Posavec, hereinafter referred to as the father, are the parents of Audrey J. Posavec and John A. Posavec, The mother has consistently acted In her children's best Interest and has provided and can continue to provide for the children's emotional, physical, educat lonal, and medical needs, She is the parent who can best faci I i tate contact with the children and the other parent, Prior to June, 1993, when the parties separated, the mother was the priory caretaker, but because of financial difficulties she asked the father to take care of the chi Idren on a temporary basis unt il she could secure a job and adequate housing for herself and the chitdren, When she was able to have the children live with her and asked the father to return the children, he refused. The mother maintained regular contact with the children throughout the time the father had them, During this period the father arbitrarily withheld the children from visiting with the mother on several occasions, At one point when the children lived with their father. the mother was physically abused by the father of her Infant son, but she left him In July, 19Q5, pursued criminal charges against him and filed a Protection From Abuse action against him, She never exposed the children to violence choosing not to bring them with her until she had left that relationship and moved to a safe tocation which had adequate accommodations for the chitdren, Since the children have resided with the mother in December, 1995, she has offered the father a reasonable custody schedule. When the children were staying with their father, the mother picked them up on a regular basis and often found the house in a general state of uncleanliness and disarray. Several times she was so distressed by the filthy conditions the children were living in at the father's home that she cleaned his home so that the children would have a clean environment in which to live. The father admitted to brewing beer in the basement where the kitchen was. located, but he kept it tocked and refused to let the mother into that part of the house, which the children confirmed was atso dirty, The mother's concern about the condition of the children's envirolUlent caused her to keep the children with her in December, 1995, The mother also had concerns that the father exposed the children to guns and ri fles which were accessible to them In his home, Since she resumed her role as primary caretaker of the chi Idren in December, 1995, the mother has worked to address long standing concerns regarding the chi 1dren, The parties' son, John, has a history of behavioral problems prior to the parties' separation. The parties' daughter, Audrey, who also attends Letort Elementary School, was recent Iy diagnosed wi th At tent ion Deflci t Disorder (ADD), Is taking prescribed Ri ta11n during periods when she Is In school, and her performance has Improved noticab1y. Since the mother enrolled the children at Letort Elementary School, they have benefitted by daily access to counseting. The mother has scheduled an appointment for a psychological evaluation of John. The mother Is In regular contact with the children's teachers, school counselors and administrators. The mother has been employed on a part-time basis at the CUmbertand/perry Domestic Violence Shelter since December 5, 1995, and works approximately 20 hours each week. The mother has a one bedroom apartment with full kitchen and bath facilities at the James Witson Safe Harbour. The children sleep in bunkbeds in the bedroom with their Infant brother, Jackson, and the mother sleeps on the couch In the tiving room. The mother has received commendation by the staff because of the cleanl iness and general appearance of her residence. The atmosphere is safe and friendly and the children have friends that. live in neighboring apartments. The mother has been on the HUD housing list since November, 1995, and is awaiting a 3 bedroom apart.ent, The mother cont inues her educat ion by attending and successfully co.plet ing a number of parenting and related classes facilitated by trained staff at the James Wilson Safe Harbour, For reasons inctuding these, the mother feets that she should retain primary custody of the children who have resided with her in a stabte and secure environment since December of 1995, I.AW 0"1"10.:'11:" GOLDBERG, KATZMAN 8: SIIIPMAN. p,c. RONALD M KATZMAN HARRY B GOLDBtRO r, Lt[ SHIPMAN PAUL J UPC5lTO N[IL H[NDCRSHOT .J .JAY COOPER THOJlAS [ BR[NN[R JOHN A STATL[R APRIL L STRANG.KU'AY auy H BROOM6 J[H[A50N J 5HIPIo4AN KARtN S r[UCHT[NO[RQ[R J[RRY J RUSSO ARNOLD 0 KOGAN MICHAeL J CROCtNll [VAN J KLINt, III CReW fI GANNON ST[VtN [ ORUBB nuo NAIlh:Rl' HTIIY.ftT STHAWUI!:HHY fiQUAHU 1'.0. flOX 1~f1n IIAHHIHnURo, I'HNNHYI.YANIA 17IOU'IUUfI THLY.I'IIONH (717Icu4'41111 J'AX (717) UU4'0non ARTHUR L GOLDBeRO or CO~5[L H[RSH['( O"'ICI: 823 WUT CHOCOLAte AV[NU[ POBOX DD8 H[RSHCl', PA 11033 17111 833'''0''& CARLISLe or,..cc D3 wesT Po".rRU STR[n CARLISLC, PI., 17013 17171 245'0!U~7 May 13, ,1996 YORK or"e[ 2 WtST MARKtT STAtU YORK. PA 17"01 11111 84J.7liU2 Lawrence E. Welker, Prothonotary County of Cumberland Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 ICORRCSPOND TO HARRISBURG OHIC[I ael Po..vea v. po..vea .0. .1-011 (civil Aation - au.tody) Dear Mr. Welker: Enclosed please find original and two copies of Memorandum which JUdge J. Wesley Oler, Jr. requested. Please clock-in the enclosed and return one copy to me in/ the self-addressed and stamped envelope which is enclosed herewith, Thank you for your kind attention. Yours very truly, HBG/blw GO~ZB RG',KATZ~ 1_ f '~L.1. / , r . .;- . , .~or I~.. ~-?g & SHIPMAN, P.C. Enclosures cc: Mr. John A. Posavec (w/enclosure) Joan Carey, Esquire (w/enclosure) Mr. Posavec has resided at his present residence for a period of about three years, which is a one-story home. The home has two bedrooms. Mr. posavec's parents reside in New Cumberland, Pennsylvania. William L. posavec is retired from the United states Postal Service and his mother, Mary Agnes posavec, is a homemaker. Mr. Posavec has two brothers and one sister. Mr. posavec is affiliated with the Roman Catholic religion and attends st. Theresa's in New Cumberland, Pennsylvania, on a regular basis. The Defendant is Sandra Lee posavec, who is presently residing at the Safe Harbor Shelter on West High Street in Carlisle, Pennsylvania. She has been at the shelter since the beginning of November, 1995, which she moved to Safe Harbor from the Battered Women's Shelter in Carlisle. Mrs. Posavec's mother is a homemaker, who is divorced and remarried to Ken Bowman, the step-father of Sandra Posavec. Sandra posavec did not complete her high school education. She has worked very infrequently and prior to the marriage worked as a seamstress, During the marriage, Sandra 2 posavec was employed at Pathmark in Camp Hill, Pennsylvania, and worked occasionally for her brother at a pizza shop in New CUmberland. There are two children born to the parties, Audrey J. posavec, born March 27, 1987, and John A. posavec, Jr., born February 27, 1989, and both are residing with the Defendant/Mother in the shelter. Mrs. Posavec has a third child, who is several months old, to one of her previous boyfriends. That child also is residing with her in the shelter. Mr. Posavec has been the primary caretaker of the children since the Mother moved to Harrisburg in January, 1994. He certainly feels that the Mother does not have adequate housing and that the childrens' welfare is at risk because of the Mother. At one point in time, Mr. Posavec even qave up hi. job because of the traveling that was involved in order to allow him to stay at home with his children. Even though Mr. Posavec is presently employed at the Giant Food store, he could obtain a different schedule to satisfy the needs of the children and their care; however, he does plan to open his own business. Mr. posavec's parents would be available to assist him with the care of the children. 3 Mr. posavec believes that the mother has not been a good housekeeper, which effects the welfare of the children, and also has not provided proper meals for the children. He is also very concerned that she does not properly clothe the children or care for their hygienic needs. He is most concerned about the moral upbringing of the children by the Mother, in that the Mother has had a number of male companions, one of whom caused her to eventually be placed in a battered women's shelter. Mrs. posavec also has had another child to one of her male companions. Mr. Pas avec has been caring for the children and taking his son to counseling at Tressler Services concerning some disciplinary problems which the child is having. Mr. Posavec is very interested and involved in both childrens' education at their school and takes an interest in their every day upbringing. Mr. posavec had been caring for the children for almost two years when the Mother took physical custody of the children by not allowing them to return to his custody after her period of temporary visitation with them over the past Christmas holiday. 4 . W%TD8818. Following is a list of potential witnesses, not all of whom will be called on behalf of John A. posavec: (1) willi.. I'o..veo. He is the father of the Plaintiff, John A. posavec and will be able to testify as to the relationship between his son and the children, as well as, the relationship between Sandra posavec and the children. (2) .ary Agne. I'o.aveo. She is the mother of John A. Posavec and will also be able to testify as to the relationship between her son and the children, as well as, the relationship between her ex-daughter-in-law and the children. She would also be able to testify that she and her husband would be more than willing to assist her son with the children. Mrs. Posavec also could testify as to how Sandra would drop the children off on a number of occasions and indicate that she was going to work, for example, and that she really did not go work, but used the parents as a babysitter. Mrs. posavec, as well as her husband, could testify that Sandra would not dress the children properly, especially in the wintertime and not keep the children as clean as they should have been kept, nor, provide for their physical needs. (J) .arion .arkovio.. She is counselor for both of the children at Tressler Lutheran in Camp Hill, Pennsylvania. She could testify as to how Mr. posavec is the one who brings the children on a regula... basis to cOl\nseling every other week and that 5 they have been attending counseling since September, 1995. She would be able to give a progress report of the children. (4) Sandra alollard.. She is a counselor at LeTort Elementary in the Carlisle school District, where the children are presently enrolled. She may be a possible witness as to how the children are adjusting at their present school. (5) Mr.. prioe. This individual is a teacher at LeTort Elementary. She could testify as to how Mr. posavec has been interested in Johnnie's progress at LeTort and that he has spoken with her on many occasions. (6) Tina li..eraan. She is a school teacher who was Audrey'S first grade teacher and could testify as to how she did in first grade. (7) Deborab A. aodrique.. She is a school teacher and was Audrey's second grade teacher at st. Theresa 's. She would testify as to how Audrey was in school and how Mr. posavec cooperated and took an interest in her education. She would also testify how Mr. posevec hired a tutor at one point and that he was a parent volunteer. (S) Mr.. patrioia HixOD. This woman is a teacher at Hillside Elementary in the West Shore School District, who was Audrey'S third grade teacher for a very brief period of time. (9) Mr.. Diane .ell. She was the classroom teacher in first grade for John Posavec for a very brief period of approximately eleven days and would testify that he appeared 6 properly, with respect to his clothing and that John had not yet adjusted to the school system when he had left. (l.O) Tb.r..a N. Pinaaonti, She was John's first grade teacher at st. Theresa's and could testify that she was frequently in contact with Mr. posavec and that he showed an intense interest and concern with respect to his son and was always willing to discuss any problems. (II) Tara and Ray No..1. Mr. and Mrs. Mosel were neighbors and their son has played with John Posavec, Jr., and they would both testify that they are aware as to the concern of Mr. posavec with the way the children were playing and with their discipline and safety. When Mr. Posavec was working long hours at Liquid Carbonic in Lemoyne, the children would be playing at the Mosel residence and the Mosel's would walk the children back to Mr. Posavec's home. It is believed they would testify that Mr. posavec is a better care giver to the children than the mother. (12) Slat.r Bernadett. (BerCJen). She is an individual at st. Theresa's and would be able to testify as to the type of work the children accomplished at st. Theresa's and their appearance. She would also be able to testify that Mr. Posavec was very concerned about the children and corresponded with the sister on a number of occasions relative to the childrens' progress. (13) Ro.ie NeZeever. This individual would testify that the Mr. Posavec treated the children well and it is believed that she will be able to testify that the Mother frequently gets upset 7 ""_. U'_IIIlI_, ".C. Hlrrv .. ooldblrg - 1.0. 1107181 Attornovo for Plllntlff '20 Marklt IlrlOt p, 0, 'OX 1268 Hlrrl.burg, PA 17108-1268 <7171 234.4161 JOHN A. POSAVEC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY SANDRA L. POSAVEC, Defendant NO. 96-018 CIRTI.ICATI O. SIRVIC. I, BARRY B. GOLDBIRO, 18Q., certify that on the 13th day of May, 1996, a letter was sent by United States First Class Mail, to Joan Carey, Esquire, counsel for Defendant, Sandra L. posavec, Legal Services, Inc., 8 Irvin Row, Carlisle, PA 17013; that enclosed with said letter was copy of Memorandum. Date: ~-I r .3 he / ! By: SHIPMAN, P.C. Sq. 17108-1268 Mr. Posavec has resided at his present residence for a period of about three years, which is a one-story home. The home has two bedrooms. Mr. Posavec's parents reside in New Cumberland, Pennsylvania. William L. posavec is retired from the United states Postal service and his mother, Mary Agnes Posavec, is a homemaker. Mr. posavec has two brothers and one sister. Mr. Posavec is affiliated with the Roman Catholic religion and attends st. Theresa's in New CUmberland, Pennsylvania, on a regular basis. The Defendant is Sandra Lee Posavec, who is presently residing at the Safe Harbor Shelter on West High street in Carlisle, Pennsylvania. She has been at the shelter since the beginning of November, 1995, which she moved to Safe Harbor from the Battered Women's Shelter in Carlisle. Mrs. posavec's mother is a homemaker, who is divorced and remarried to Ken Bowman, the step-father of Sandra Posavec. Sandra posavec did not complete her high school education. She has worked very infrequently and prior to the man'iage worked as a seamstress. During the marriage, Sandra 2 posavec was employed at Pathmark in Camp Hill, Pennsylvania, and worked occasionally for her brother at a pizza shop in New CUmberland. There are two children born to the parties, Audrey J. Posavec, born March 27, 1987, and John A. posavec, Jr., born February 27, 1989, and both are residinq with the Defendant/Mother in the shelter. Mrs. posavec has a third child, who is several months old, to one of her previous boyfriends. That child also i. r.sidinq with her in the shelter. Mr. Posavec has been the primary caretaker of the children since the Mother moved to Harrisburq in January, 1994. He certainly feels that the Mother does not have adequate housinq and that the childrens' welfare is at risk because of the Mother. At one point in time, Mr. posavec even qave up his jOb because of the travelinq that was involved in order to allow him to stay at home with his children. Even thouqh Mr. posavec is presently employed at the Giant Food store, he could obtain a different schedule to satisfy the needs of the children and their care; however, he does plan to open his own business. Mr. posavec' s parents would be available to assist him with the care of the children. 3 Mr. posavec believes that the mother has not been a good housekeeper, which effects the welfare of the children, and also has not provided proper meals for the children. He is also very concerned that she does not properly clothe the children or care for their hygienic needs. He is most concerned about the moral upbringing of the children by the Mother, in that the Mother has had a number of male companions, one of whom caused her to eventually be placed in a battered women's shelter. Mrs. Posavec also has had another child to one of her male companions. Mr. Posavec has been caring for the children and taking his son to counseling at Tressler Services concerning some disciplinary problems which the child is having. Mr. posavec is very interested and involved in both childrens' education at their school and takes an interest in their every day upbringing. Mr, posavec had been caring for the children for almost two years when the Mother took physical custody of the children by not allowing them to return to his custody after her period of temporary visitation with them over the past Christmas holiday. 4 "ITNBBBZBI Following is a list of potential witnesses, not all of whom will be called on behalf of John A. posavec: (l) "1111_ po.avac. He is the father of the plaintiff, John A. posavec and will be able to testify as to the relationship between his son and the children, as well as, the relationship between Sandra posavec and the children. (2) Mary A9na. po.avec. She is the mother of John A. posavec and will also be able to testify as to the relationship between her son and the children, as well as, the relationship between her ex-daughter-in-law and the children. She would also be able to testify that she and her husband would be more than willing to assist her son with the children. Mrs. posavec also could testify as to how Sandra would drop the children off on a number of occasions and indicate that she was going to work, for example, and that she really did not go work, but used the parents as a babysitter. Mrs. Posavec, as well as her husband, could testify that Sandra would not dress the children properly, especially in the wintertime and not keep the children as clean as they should have been kept, nor, provide for their physical needs. (3) Marion Markovic.. She is counselor for both of the children at Tressler Lutheran in camp Hill, Pennsylvania. She could testify as to how Mr. posavec is the one who brings the children on a regular basis to counseling every other week and that 5 they have been attending counseling since September, 1995. She would be able to give a progress report of the children. (4) .an4ra Rleltsr4.. She is a counselor at LeTort Elementary in the Carlisle school District, where the children are presently enrolled. She may be a possible witness as to how the children are adjusting at their present school. (5) Hr.. .rice. This individual is a teacher at LeTort Elementary. She could testify as to how Mr. Posavec has been interested in Johnnie's progress at LeTort and that he has spoken with her on many occasions. (6) Tina li..eraan. She is a school teacher who was Audrey'S first grade teacher and could testify as to how she did in first grade. (7) Deborah A. Rodrique.. She is a school teacher and was Audrey's second grade teacher at st. Theresa 's. She would testify as to how Audrey was in school and how Mr. Posavec cooperated and took an interest in her education. She would also testify how Mr. posevec hired a tutor at one point and that he was a parent volunteer. (8) Hr.. .atrieia HixOD. This woman is a teacher at Hillside Elementary in the West Shore School District, who was Audrey'S third grade teacher for a very brief period of time. (9) Hr.. DiaDe .ell. She was the classroom teacher in first grade for John posavec for a very brief period of approximately eleven days and would testify that he appeared 6 properly, with respect to his clothing and that John had not yet adjusted to the school system when he had left. (10) There.a N. Pinaaonti. She was John's first grade teacher at st. Theresa's and could testify that she was frequently in contact with Mr. Posavec and that he showed an intense interest and concern with respect to his son and was always willing to discuss any problems. (11) Tara and Ray Ko.e1. Mr. and Mrs. Mosel were neighbors and their son has played with John posavec, Jr., and they would both testify that they are aware as to the concern of Mr. posavec with the way the children were playing and with their discipline and safety. When Mr. Posavec was working long hours at Liquid Carbonic in Lemoyne, the children would be playing at the Mosel residence and the Mosel's would walk the children back to Mr. Posavec's home. It is believed they would testify that Mr. Posavec is a better care giver to the children than the mother. (12) 8bter Bernadette (Berqen). She is an individual at st. Theresa's and would be able to testify as to the type of work the children accomplished at st. Theresa's and their appearance. She would also be able to testify that Mr. posavec was very concerned about the children and corresponded with the Sister on a number of occasions relative to the childrens' progress. (13) Ro.ie Ncleever. This individual would testify that the Mr. Posavec treated the children well and it is believed that she will be able to testify that the Mother frequently gets upset 7 1 )A B t-t ~P; . ] ~~ ~tt ~ti~ ~Uj~ If ~ d l' ! .' ~. I. cnl~' :1'" '::,: . " 't Ii. . ~ ' t ..:... ...................................................................~. , I ~.. .............. \' , . .\ . " ." ~~f; ~~:; " 'i ) , o ~ J~ J .IJjl . ~ J )rIJI;~ i ~.g =.1 ~~ a . 'J . "~I I~'~!\ 1 !S I 1 ~ II! ':, 'i :; j . ~ II~ -I! II.J IIf';. I .., d .. 'f ~ till' .! '., I. fJ 1 II :. I J I i ~ : , t~ .t'tl ,....~..~lii .. 'l!ll,I}~ ~ i.. .. '11.t B-1 J 1-11-11.. 8 ..ll ,...~ 111 J~ ~ UUt Ull~Ji I~llhdj~t IJ1U i~~ ~ ~.. M ~ !jti~'!IJ tlll1.111 ~ flllf rl~~, , ./ " JOJDr A. POSAVEC, Plaintiff IN THE COURT OF COMMON PLIAS CUMBERLAIID COUNTY, PEDSYLVAIIIA 9~ -O/'i( NO. ~ CIVIL TERM CIVIL ACTION - LAW Y. SAIIDKA L. POSAVEC, Defendant CUSTODY ACTION PETITION FOR SPECIAL RELIEF AIID NOW comes the Plaintiff, by and through his attorney, Thomas D. GOUld, and asks this honorable court to issue an order temporarily granting him physical custody of hid children based on the following: 1. The Plaintiff is John A. Posavec who has resided with his children at 804 Front Street, New CUmberland, Cumberland County, Pennsylvania 17070, since June 1992. 2. The Defendant is Sandra L. posavec, who is temporarily, due to an abusive situation with a boy friend, residing at Safe Harbor, 102 W. High Street, Room 312, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant are the parents of Audrey J. posavec, born 3/27/87 and John A. posavec, born 2/27/89. 4. The parties separated in June 1993 when Defendant moved into an apartment in New Cumberland with two males. 5. The parties were divorced on June 15, 1994. " 6. In January 1994 Defendant moved to Dauphin County. 7. Since January 1994 Plaintiff has been the primary care taker for the children. 8. Since January 1994 Plaintiff has been responsible for enrolling and providing education for his children. 9. The children are currently enrolled in Plaintiff's home school district, the West Shore School District. 10. On December 24, 1995, with Plaintiff's permission, Defendant picked up the children and took them to her temporary residence, the Safe Harbor Shelter in Carlisle, to allow them to spend Christmas with her. 11. Prior to December 24, 1995, Defendant requested infrequent contact with the children. 12. On December 26, 1995 Plaintiff contact Defendant to coordinate a time for him to pick up the children to return them to their home. 13. Defendant advised Plaintiff that she was not going to return the children. 14. Defendant's temporary shelter accommodations consist of one bedroom and a small bath. 15. Defendant does not have adequate clothing for the children. 16. Defendant is not working and has no known means of support for herself or the children. 2 . . i .1 I I VERIFICATION I I I i I John A. Posavec, hereby certify that the foregoing PITITION FOR SPECIAL RELIEF is true and correct 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. Section 4904 relating to unsworn falsification to authorities. DATED: 1/2-/f( I (2./ // --r /t/JJ~ C ( /"'<:h 1-€c..--- /' John A. posavec -,' Plaintiff/Petitioner 4 JOHN A. POSAVEC, I IN THE COURT OP COMMON PLEAS or Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I 96-0018 CIVIL TERM I I CIVIL ACTION - LAW SANDRA L. POSAVEC, I Defendant : CUSTODY ACTION IN REI PETITION POR SPECIAL RELIEP DISMISSED ORDER OP COURT AND NOW, this 15th day of February, 1996, upon consideration of the Plaintiff's Petition for Special Relief, and following a hearing at which it W&S disclosed that a custody conciliation conference has already been held in this matter and that a proposed Order is to be forthcoming from the custody , conciliator, and the Court having intended with respect to this Petition to enter an Order pending any custody conciliation conference, the petition for Special Relief is dismissed. By the Court, Thomas D. Gould, Esquire . Counsel for Plaintiff . }IIIlJ,..l , tttf<.lJ.. ,')./1</"6 . ..,t.,'- Joan Carey, Esquire Legal Services, Inc. Counsel for Defendant Islr . -, IAT_' IM._, '.C. Hlrry I. Goldberg' I.D. 107181 Attornovo for Plllntlff 32D Nlrklt Itrllt p, D. lox 12611 Hlrrllburg, PA 17108'12611 (717) 234-4161 JOHN A. POSAVEC, Plaintiff . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CUSTODY SANDRA L. POSAVEC, Defendant NO. 96-018 IB7RY or APPIARANCI TO THE PROTHONOTARY: Please enter the appearance of GOldberg, Katzman , Shipman, P.c., and Harry B. GOldberg, Esquire, as 5ttorneys for Plaintiff in the above-captioned matter. Respectfully SUbmitted, r/ll'11 I GOLDBERG, KATZMAN , SHIPMAN, LJ ( By:..::.--- - " Hart' I p.e. Date: r;'/ ldberg, ( Esqu re , ~ . . JOHN A. POSAVEC, Plaintiff IN THE COunT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-018 CIVIL 'rERM SANDRA L. POSAVEC, Defendant CIVIL ACTION - LAW CUSTODY amm OF <XllRT AND tof, this 2. qtl. day of upon consideration of the attached Custody ordered and directed as follows: -~ r< Ille. ' 1996, Conc il atio;"'Report, it is - 1. A Hearing is scheduled in Court Room No. -1 , of the Cumberland County Court House, on the 3:/1. day of '-,Yl~l.-';- /11(.., at j, ~l ,'L.m.. At the Hearing, the Father shall be deertfed eo be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses who will be called to testify at the Hearing along with a sUl111lary of the anticipated testimony of each witness. This Memorandum shall be filed at least fifteen (15) days prior to the Hearing date. 2. Pending further Order of this Court or agreement of the parties, the Father, John A. posavec, and the Mother, Sandra L. posavec, shall have shared legal and physical custody of Audrey J. posavec, born March 27, 1987, and John S. posavec, Jr., born February 27, 1989. 3. The Father shall have custody of the ChIldren on weekends from Friday after school until Sunday evening at 8:00 p.m., with the exception of every fourth weekend, during which the Mother shall have custody of the Children. The Father shall also have custody of the Children during the weeks preceding the Mother's weekend custody from Tuesday after school until Thursday IIIOrning when the Father shall return the Children directly to school. Finally, the Father shall have custody of the Children on alternating weeks from Wednesday after school until Thursday morning when the father shall return the Children directly to school. 4. The Father's first period of weekend custody shall begin on February 16, 1996, the Father's first period of custody for the period from Tuesday after school until Thursday morning shall begin on March 5, 1996, the Father's first period of custody on alternating Wednesdays ahal] begin on February 14, 1996. The Mother's first period of weekend custody shall begin on March 9, 1996. 5. The Mother shall have physical custody of the Children at all times not specifically reserved to the Father in the preceding provisions of this Order. 6. The parties shall share custody of the Children on Easter Sunday at times to be arranged by mutual agreement of the parties. 7. Neither party shall change the Children's school enrollment from . .. JOHN A. POSAVEC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-018 CIVIL TERM SANDRA L. POSAVEC, Defendant CIVIL ACTION - LAW : IN CUSTODY CUSTOOY CDiCILIATIctI SlMWU' REPCR1' IN ~ wrm ClJIIBERLAND CDJflY RIlLE Of' CIVIL PKn"QUl 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The relevant information pertaining to the Children who are the subjects of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Audrey J. Posavec John A. posavec, Jr. March 27, 1987 February 27, 1989 Defendant/Mother Defendant/Mother 2. A Conciliation Conference was held on February 13, 1996, with the fallowing individuals in attendance: The Father, John A. posavec, with his counsel, Thomas D. Gould, Esquire, and the Mother, Sandra L. posavec, with her counsel, Joan Carey, Esquire and Jan Terpening, Paralegal. 3. The parties separated in June 1993 and have since divorced. No prior orders have been issued in this matter setting forth a schedule for custody arrangements. From January 1994 through December 23, 1995, the Children resided primarily with the Father. The Children have been in the Mother's primary custody since December 24, 1995. The Mother has a one bedroom apartment at Safe Harbor in Carlisle and is on the HUD Housing list. The Father continues to reside in the former two bedroom marital residence in New CUI!tlerland which is owned by his parents. The Children had been enrolled in a parochial school in the New Cumberland area prior to Thanksgiving 1995. After Thanksgiving break, the Father enrolled the Children in the pUblic school in New Cumberland. Whe~ the Mother obtained custody of the Children in December, she enrolled the Chidlren in the Carlisle School District where they are currently attending school. The Father filed this Petition to obtain primary physical custody of the Children. 4. The Father's position on custody is as follows: The Father stated that he has been the primary caretaker of the Children since the Mother moved to Harrisburg in January, 1994. The Father feels that the Mother does not have adequate housing and that the Children's welfare is being placed at risk. The Father stated that he had given up his job traveling for a regional gas service to enable him to stay at home with the Children. The Father is now employed at Giant Food Store on the night shift. The Father indicated that he could obtain a different schedule from Giant but intends to open his own business. The Father stated that his parents would be ." available to watch the Children during his work hours if necessary. The Father believes the Children would be better cared for in his custody in that there is smoking in the Mother's accomodations at Safe Harbor and the Children are not provided with proper sized clothing. The Father stated that the welfare situation is not acceptable to him as a way of life for his Children. The Father believes that the Mother wants physical custody of the Children to get a higher priority on the housing list. The Father objects to the way in which the Mother took physical custody of the Children by not allowing them to return to his custody after her period of custody with them over the Christams holiday. According to the Father, the Mother contacted him after obtaining custody of the Children at Christmas time and advised that she was not going to return them. Since Christmas, the Father has been seeing the Children on weekends and on at least one evening during the week. The Father takes the son to counseling at Tressler Ser~ices concerning some disciplinary problems which the Child is having. 5. The Mother's position on custody is as follows: The Mother believes that her living conditions are both temporary and adequate for the Children. She resides with the Children and a one-month old son from a subsequent relationship in the one bedroom apartment. The Children sleep in bunk beds and the baby in a crib. The Children walk to school from Safe Harbor. The Mother stated that she gave custody of the Children to the Father in January 1994 because she lost her place of residence at the time and intended the change in custody to be temporary. The Mother believes that the Father has been arbitrary in allowing her to see the Children. She had requested several times that primary custody be returned to her but the Father refused. The Mother expressed concern that the Father is not able to properly care for the Children as reflected by the unsanitary conditions in the Father's home. The Mother stated that when living with the Father, the Children's clothes were inadequate and dirty. The Mother denied the Father's allegation that her motivation to obtain custody was related to the housing situation. The Mother believes that the Children's best interest will be served if she has primary custody. 6. The parties were unable to agree with respect to a permanent custody order and therefore a hearing is required in this matter. While not condoning the Mother's conduct in chang ing the Children's residence and school enrollment without going through the appropriate legal channels, the Conciliator recorrmends an Order in the form as attached. The recorrmended Order would insure that the Children remain in their current school district through the end of the school year rather than changing their enrollment for the fourth time during the 1995-1996 school year. (J,,~~ oa n S. Sunday Custody Conciliator k&u. d Date .,;J;;) . /99& ~~m ~~~~ t:i ~; :II '" !~ ~i ..... ~ II! ~ ~ ..... '-' JI I '" 0( .... . Ii !I \ 11 c 0.- f!J~ t1 -'-' ~ 1Ool'/Ii t ~ ~ ! !i ~,!:l g , - "' ~~ j ,c ,~ . ;: 3 I :3 ...: "'1l ~;~ . iSl PlJ IJ n _ . 0-1 ... .0: I ~ . . . ~, . . - FEU 2 I l~~o:j ~' JOliN A, POSA VHC I'I.AINTI!'!' IN TilE COllin OF COMMON PLEAS OF CUMIlEIU.ANI> ('OIJNTY. I'ENNSYI.V ANI A v, 96.18 CIVIL ACTION LA W SANDRA L, CODER. FOMHRLY SANDRA I.. POSA VEC IN CUSTODY DE!'HNDANT ORIlF.R OF Cot lilT AND NOW, Friday. April I'. 2003 . upon eonsideralion of the attached Complaint, it is hereby directed Ihat parties and their respective eounselupJ1cur helllre Dawn S. Sallda)'.~'1,_ ____, the conciliator, at 39 Wesl Main Strter. MechanlcsbarR. PA 17055 on Tuesday, May 13. 2003 at I :00 PM for a Pre.Hearing Custody Conlerenee, At such conference. un clll"t will he mude to resolve the issues in dispute; or if this cannot he accomplished, to de line und nun-ow the issues 10 he hcurd hy Ihe court, und 10 enler into u temporury order. All children agc live or older muy ulso be Ilrescnt Ullhc conferenec, Fuilurc to Ullpcur allhe conference may provide grounds lor cntry of a tempomry or pcrmunent ordcr, The court hereby directs the parlles to furnish IIn~' IInd 1111 edstlnlll'roteellon from Abuse orders. Speclat Reller orders. and Cuslody orden 10 Ihe conelllalor 48 hours Ilrlor 10 scbeduled bearln". FOR TilE COURT. By: 1,1 DJUI!J/.sJllnda,..Efq , Cuslody Conciliator . lbe Court of Common Pleas ofCumbcrlund County is reljuired hy law 10 eumply wilh the Americans wilh Disabilites Act of 1990, For inlilrmlltion ahout accessihle fucilitics and reasonable accommodations available 10 disabled individuals having business helilre the courl. please eontaclour olliee, All arrangemcnts must be nlllde at Icast 72 hours prior 10 any heuring or business before the eoul1. You must attend the scheduled conlerenee or hearing, YOU SIIOUIJ) TAKE TillS PAPER TO YOUR A'ITORNEY AT ONCE, IF YOU DO NOT IIA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TEI.EI'IIONE TIlE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELI', CumhcrlumJ Coullly liar Associatio 32 South Iledlilrd Strect Curlisle. I'ennsylvunia 171l I 3 Telephone (717) 241).3 1M ;\/0 I /)VfIC! j)O 5~ 1101/ {CLbfJ1eJ, /VI {)y u:,r:, I; i '., . ,; .i' :.1..; t': :.~:' , " , ,,\. "",1,.;'\';,','.",', -,.,,1.11 !'L;!\i'~.)fL\': \t,\ . J/.//.t<J &..1- d~ J~"ucir7f.a?JtJ'Ad-..-r,aff '1'/ltJJ ~ .I1<..t$7/4 ~e.nl~ 'I'II'()]; . a. ,./,/- {~ ,IJ'''' / ~ at'!f c..r:,..~/~ JOHN A, POSAVEC, Re.pondent/Plalntlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.018 CIVIL TERM VI. SANDRA L. CODER, formerly Sandra L. Poaavec, PetltlonerlDefendant CUSTODY PETITIONER'S COMPLAINT TO MODIFY CUSTODY 1, Respondent Is John A, Posavec, an adult Individual, residing at 415 Park Avenue, New Cumberland, Cumberland County, Pennsylvania. 2, Petitioner is Sandra L. Coder, an adult individual, residing at 20 East Pomfret Street, Carlisle, Pennsylvania 17013, 3, Petitioner seeks custody of the following child: Audrey Jane Pas avec, age 16, born March 27, 1987. I I I, I , The child was born during the parties former marriage, The child is presently in the primary custody of the Respondent, along with her brother, John Andrew Posavec, Jr., age 14, born February 27, 1989, Petitioner is not seeking primary custody of John as he is satisfied in living with his father, but she wishes to continue with having partial custody of John, A copy of the eXisting Order Is attached. During the past five years, or since the children's birth, they have resided with the following persons at the following addresses: (a) from mid 1998 to the present with the Respondent/Father In New Cumberland, Pennsylvania, The natural mother of the child Is Sandra L. Coder. She Is married to Christopher Coder, The nalural falner of the child 15 John A. Posavec, He Is married to Cheryl Posavec, 4, The relationship of the Petitioner to the children is that of natural mother, She lives with her husband and her child Jackson 0, Matthews, age 7. 5, The relationship of the Respondent to the children is that of natural father, 6. The parties have participated in a court proceeding concerning the custody of the children In this Court as evidenced by the attached Order, Petitioner has no Information of a custody proceeding concerning the children pending in a court of this Commonwealth, Petitioner 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 child, Audrey Jane Posavec will be served by granting the relief requested because: Audrey is not happy living with her father and wishes to live with her mother, 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME None ADDRESS BASIS OF CLAIM . ... I JOHN A. POSAVEC, Plaintiff v. :s:~ THE COURT OF COMMON PLEAS OF I CVNS~RLAND COUNTY, PENNSYLVANIA I I NO. 96-018 CIVIL TERM I CIVIL ACTION - LAW I I CUSTODY SANDRA L. POSAVEC, Defendant IN RE I CUSTODY ORDER OF COURT AND NOW, this 30th day of May, 1996, upon conllideration of Plaintiff's CUlltody Complaint respecting the partiell' Children, Audrey Jane Po.avec, born March 27, 1987, and John Andrew POllavec, Jr" born Pebruary 27, 1989, and following a hearing, it is ORDERED and DIRECTED as followsl 1. Legal cUlltody of the children Ilhall bs Ilhared by the partiell. 2. Primary phYllical cUlltody of the children Ilhall be in the father. Partial phYllical CUlltody of the children Ilhall be in the mother for the entire period of their Ilummer vacation, with the exception of two nonconsecutive weekll to be chollen by the mother, on alternating weekendll from 7100 p.m. on Friday until 7100 p.m. on Sunday, during thft children'll entire .pring vacation from the day following commencement of the vacation at 7100 p.m. until the day before the end of the vacation at 7100 p.m., and, on an alternating basis, from the day fOllowing commencement of the children's Christmas vacation at 7100 p.m. until Christmas day at 2100 p.m., or from Christmas Day at 2100 p.m. until 7100 p.m. on the day before the end of the children's Christmas vacation. \ ~C) ") ~ t ... :)- -.- r-' '- :)- --.9. I.' I.. ... M , .. ( f' , -. "- !I,I , ." I @ .. ..: i t , i 1 ~ \J ,.~. I ~ , t . (, 'I .. t, .' .... ...: I' ('1 :J t,'; (~ 0 , . ~ , , l.., ih . ...:l I II '" .... ,", '" '" I:l,.s - 0 .... .g~Pl~!:: :d III !I ; I = = ..: ] ...... III = , Vl Co; .l( It - c ...... " e;s'r; eiJ III +J ~ . '" -... ~l1< . ~~ i II IJl ",'" il I ~ E c., - III E ~ u .. = :l! ,- I ;:: .a s ; ~~iiiO'l.c ~; . ~ . ~ l!il" .., II il II ::; . ~ ~ .0: ~ ~ en I . . . . . ... . ~ . . . I '" , ; NAY I tJ 1001 I~ 14 i; l q '.' " '''1 CI '" "")' . ....Ii..___ -' . , ~... ,~.;~ I P~:}"i\:;; 'L.\~i~,N~ _~\ I:. ;6 :: , JOHN A. POSA VEC, Pluintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 96-18 CIVIL ACTION LAW SANDRA L. CODER u,k,u, SANDRA L. POSA VEC Defendant IN CUSTODY Prior Judge: J, Wesley Oler, Jr. CUSTODY CONCIUATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliutor submits the following report: 1. The pcrtinenl infonnation conccrning the Children who ure the subjects of this Iitigution is as follows: NAME DATE OF BIRTlI CURRENTLY IN CUSTODY OF Audrey J. Posuvec John A, Posuvec Murch 27,1987 Februury 27, 1989 Futher Futher 2, A Conciliution Conference was held on June 3D, 2003, with the following individuuls in uttendunce: The Futher, John A, Posuvec, with his counsel, Briun C, Bornmun, Esquire, und the Mother, Sundra L. Coder, with her counsel, Robert L. O'Brien, Esquire, A follow.up telephone conference wus held on July 10, 2003 ufter recommendutions from lhe counselor who hud been working with the Child und the parties had been obtuined. 3. The Mother filed this petition for primury physicul custody of the purties' sixteen yeur old duughter, Audrey. The Futher hus primary custody of both children under the current Order, Despite lhe willingness of the purties to obtuin the assistunce of Audrey's counselor, they were nol ub1e to reuch un ugreement und it will be necessury to schedule u heuring, The purties rcquesl thutthe heuring be expedited in Order to huve the primury custody issue resolved prior to the beginning of the 2003 -2004 school yeur, 4. The Mother's position on eustody is as follows: The Mother believes it would be in Audrey's best interest to move to the Mother's home in Carlisle, where the Mother currently resides with her husband and seven year old child, The Mothcr stated that she initiatcd this petition based on the Child's expression of a strong preference to live with her, The Mothcr indicated that Audrey does not get along with the Father's wife and feels that she has no one to talk to in the Father's home, The Mother acknowledged that the parties' fourteen year old son, John, is satisfied living in the Father's residence and therefore the Children would be separated if Audrey were to live with her. However, the Mother believes the change in custody for Audrey is necessary for the Child's wellbeing at this time, The Mother indieated her willingness to continue in counseling with Dr. Hart to work on issues related to parenting a teenager. 4, The Father's position on custody is as follows: The Father believes it would be in Audrey's besl interest to continue to reside primarily with him during the school year, According to the Father, every summer while Audrey lives with the Mother, the Child asks to return to the Father's residence and during the school year, Audrey asks to live with the Mother when she is in the Father's cuslody, The Father believes that he provides more effective rules and guidance for Audrey which is particularly important as the Child is doing poorly in school. The Father feels thai Audrey will quil school if custody is transferred to the Mother (denied by Mother), The Father does not believe lhat the Mother is able to set the necessary boundaries for Audrey, The Father doubts that the counselor was able to obtain an accuratc understanding of the Audrey's necds and prcferenees as she had nl't bcen staying with lhe Mother for very long so evcrything was still new and exciting, 5, The Conciliator recommends an Order in the fornl as attached scheduling a Hearing on the issue of primary physical custody of Audrey only. The parties agrce that the Father shall continuc to have primary physical custody of the parties' son, John. An expedited Hearing is requested prior to the beginning of the 2003-2004 school year, as the parties cooperated in allempting to resolve the issue inilially through counseling which has causcd the delay in scheduling, It is cxpected that the hearing will require alleast one-half day. Dale u.. J~-. .JD"~ ~ ' a-__L~ Dawn S. Sunday, Esquire Custody Conciliator ii ~ . ~~ .... :R tIS r:..l.s - 0 ~ i .... II .ora ~r-. .... !i<g,:l - :d <II='Vl~ ~~ ~ I J . <II 1jl 'll e.O ~ .... ..,/ <<Ii :.::e.ll fiJ2/ Ei .. - rl W" i .. = E ~ ,_ ~I ;:: .s ~ fii I; ~ ~ m imfJl11;ij ::e . ~ I~ ~ ~ 01 . , , , l. .....".. - .'" , ,JUl I 6 200j \... ..'