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GREGORZ MACIOLKA.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-321 CIVIL TERM
v.
TERESA MACIOLKA,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ANSWER TO PETITION POR EMERGENCY RELIEP
1 , Agreed.
2 . Agreed.
3. Denied. Respondent has no knowledge of a custody action
and has received no custody complaints other than the Petition for
Emergency Relief.
4.
Denied.
Respondent left Petitioner a note explaining
that she and the child would return in a couple of days, She and
the child returned January 26, 1996,
5. Denied. While it is admitted that Sandra missed a week of
school, However, she made advance arrangements with the school.
6, Denied, Respondent has no intention of relocating to New
York,
7,
Denied.
Respondent encourages the child to have a
relationship with Petitioner, Respondent admits that she suggested
that the child keep some clothes in Petitioner's apartment as
Respondent has only one closet in her entire apartment and space is
limited,
.
8. Denied. petitioner generally watches the child from 8: 30
p.m. until 8:00 a.m. weeknights while Respondent works nightshift
at PHEA.
9. Agreed. Respondent has no intention of relocating with
the child until a determination can be made concerning custody,
WHEREFORE, Respondent requests that the Petition for Emergency
Relief be dismissed.
Respectfully submitted,
By : ~ ,-V) ~ \., ",-,-: . ~ L--....-
TERESA MACIOLKA
Date:
'2..- \ . 'H
CERTIFICATE OF SERVICE
I, Teresa Maciolka, hereby certify that on this ~ day of
J ~~L' c.., vJ ' 1996, I served a true and correct copy of the
foregoing Answer to Petition for Emergency Relief by depositing the
same in the United States mail, first class postage prepaid,
addressed as follows:
Emily Long Hoffman, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
Harrisburg, PA 17110
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TERESA MACIOLKA, Pro Se
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GRZEGORZ MACIOLKA
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 1996.321
CIVIL ACTION. LAW
IN CUSTODY
v,
TERESA MAClOLKA,
Defendant
h. ORDER
AND NOW, tho fk:~ do,.r ffi '
consideration of Petitioner's Emergency Petition:
IT IS HEREBY ORDERED that a Rule to Show Cause why said relief should not
be granted is issued upon Respondent which Rule is returnable ~ days after
service,
, 1996, in
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GREGORZ MACIOLKA, :
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96.321 CIVIL TERM
v,
TERESA MACIOLKA,
Defendant
CIVIL ACTION. LAW
IN CUSTODY
ORDER
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Petition for Emergency Relie~1l is hereby ORDERED AND DECREED as follows: I
(a) Respondent s(;1\ return the child to this area until further Order of Court;
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GREGORZ MACIOLKA,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96.321 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v,
TERESA MACIOLKA,
Defendant
PETITION FOR EMERGENCY RELIEF
Petitioner. Grzegorz Maciolka, by his attorneys, Mette. Evans & Woodside. petitions this
Court to enter an Order granting emergency relief regarding the parties' minor child, Sandra M.
Maciolka, pursuant to Rules 1915,(a) and 1915,13 of the Pennsylvania Rules of Civil Procedure
and in support thereof avers as follows:
1. Petitioner is the father of Sandra M, Maciolka, age 7. and resides at 111 2nd
Street, 1st Floor Front. West Failview. PA,
2, Respondent. Teresa Maciolka, is the mother of Sandra and resides at 111 2nd
Street. 1st Floor Rear, West Fairview, PA.
3. Petitioner filed a custody complaint on January 22. 1996. thus, there is no custody
order in effect at this time,
4. Respondent left with the child on Friday, January 19, did not tell Petitioner where
she was taking the child and has not yet returned.
5. The child attends West Creek Hills Elementary School in East Pennsboro
Township but she has not been to school since Friday and therefore she has missed three days so
far,
6, Petitioner believes that Respondent is moving or has moved to New York,
Honorable Court,
,
.
.
7. Respondent has been alienating the child from her Father and will not pcrmit the
child to bring any gifts from the Pctitioncr, including clothing, into Rcspondcnt's apartmcnt.
8. Petitioncr watchcs the child Monday through Friday from 8:30 p,m, until 8:30
a,m. and thcrefore has a lot of contact with the child,
9. Petitioncr requests that Respondent be requircd to rcturn thc child to the arca and
require the child to remain in this area until a custody detcnnination may bc made by this
WHEREFORE, Petitioner respcctfully requests this Honorable Court entcr an Order:
(a) Requiring Respondent to rcturn thc child to the area and require the child to
remain hcrc until a decision of the Court;
(b) Schedule a hearing hearing to dctennine the matter at hand;
(c) Award Petitioner custody of the child,
Respectfully submitted,
Dated: l{1-l\. ( C( ~
MeTTE. EV ~S & WOODSIDE
'~~I~ '/-.---1 lJ'/,L-
Emily Long Hoffmlm, Esquire
Supremc Ct. LD. 1166307
3401 North Front Street
P,O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000
, ~
~RIFICATION
I, GREG MACIOLKA, verify that the statements made in the foregoing
document are true and correct to the best of my knowledge. I understand that
false statements herein made are subject to the penalites of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities,
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GREGORZ MACIOLKA,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-321 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
TERESA MACIOLKA,
Defendant
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ANSWER TO PETITION FOR EMERGENCY RELI~'~
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Agreed.
Agreed.
Denied.
Respondent has no knowledge of
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and has received no custody complaints other than the Petition for
Emergency Relief.
4.
Denied.
Respondent left Petitioner a note explaining
that she and the child would return in a couple of days. She and
the child returned January 26, 1996.
5. Denied. While it is admitted that Sandra missed a week of
school. However, she made advance arrangements with the school.
6. Denied. Respondent has no intention of relocating to New
York.
7 .
Denied.
Respondent encourages the child to have a
relationship with Petitioner. Respondent admits that she suggested
that the child keep some clothes in Petitioner's apartment as
Respondent has only one closet in her entire apartment and space is
limited.
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8. Denied. Petitioner generally watches the child from 8: 30
p.m. until 8:00 a.m. weeknights while Respondent works nightshift
at PHEA.
9. Agreed. Respondent has no intention of relocating with
the child until a determination can be made concerning custody.
WHEREFORE, Respondent requests that the Petition for Emergency
Relief be dismissed.
Respectfully submitted,
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By: '" . ...............,_
TERESA MACIOLKA
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Date:
'2.. - \ . 'i ,
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CERTIFICATE OF SERVICE
I, Teresa Maciolka, hereby certify that on this -1-- day of
_f<.6"....,'J ' 1996, I served a true and correct copy of the
foregoing Answer to Petition for Emergency Relief by depositing the
same in the United States mail, first class postage prepaid,
addressed as follows:
Emily Long Hoffman, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
HarriSburg, PA 17110
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TERESA MACIOLKA, Pro Se
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9'-3J/ C.vd KfJ..",
CIVIL ACTION - LAW
IN CUSTODY
TERESA MACIOLKA,
Defendant
ORDER OF COURT
AND NOW, this
Ft I, 5-; I c/</'- ,upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear
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before IY\ it ht:\f \ (Ir'W~J' r..~/.' the conciliator, at (" D m; > \ \ \ \ \ , on the -2J~
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day of f1ir-.(( ~~ ,1996, at'lo'c!OCk P. m" for a Prehearing 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/children who
are the subject(s) of this custody action to the conference, but the child/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:
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO
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 Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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Sandra M. Maciolka
111 2nd Strcet
First Floor Rear
West Fairview, PA
7
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN CUSTODY
GRZEGORZ MACIOLKA
Plaintiff
TERESA MACIOLKA,
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is Grzcgorz Maciolka, rcsiding at 111 2nd Street, First
Floor Front, West Fairview, Pcnnsylvania.
2. The Defendant is Teresa Maciolka, rcsiding at 111 2nd Street, First
Floor Rear, West Fairview, Pennsylvania.
3. Plaintiff seeks custody of the following child:
Name
Present Address
A1m
4. The child was not born out of wedlock. The child is prcsently in the
custody of Teresa Maciolka who resides at 111 2nd Street, First Floor Rear, Wcst
Fairview, Pennsylvania.
6. During the 11lIst five (6) years, the child has resided with tho
following persons at tho (allowing address:
Name Address Dates
Teresa Maciolka 111 2nd Streot February 1995 to Present
First Floor Renr
West Fnirview, PA
Grzegorz Maciolka 111 2nd Street February 1995 to Present
First Floor Front
West Fairview, PA
Teresa & Grzegorz 111 2nd Street 1993 to February 1995
Maciolka First Floor Front
West Fairviow, PA
Teresa Maciolka Poland 1990 to 1993
(for the majority
of the lime)
Teresa & Grzegorz 1302 2nd Street 1988 to 1990
Maciolka West Fairview, PA
6. The mother of the child is Teresa Maciolka currently residing at 111
2nd Street, First Floor Rear, West Fairview, Pennsylvania. She is married.
7. The father of the child is Grzegorz Maciolka currently residing at 111
2nd Street, First Floor Front, West Fairview, Pennsylvania. He is married.
. 2.
. .
,
8. The relationship of Plaintiff to the child is that of father. The
Plaintiff currently resides with the following persons:
Name
Relationshiu
Daughter
Sandra M. Maciolka
9. The relationship of Defendant to the child is that of mother. The
Defendant currently resides with the following persons:
Name
Sandra M. Maciolka
RelationshiD
Daughter
10. Plaintiff has not participated as a party or a witness, or in any other
capacity in other litigation concerning the custody of the child in this or any other
Court.
11. Plaintiff has no information of a custody proceeding concerning the
child pending in a court of this Commonwealth.
- 3 -
12. Plaintiff does not know of a person not a party to the proceedings who
has physical custody of the child or claims to have custody or visitation rights with
respect to the child,
13. The best interest and permanent welfare of the child will be served
by granting the relief requested.
14. Each parent whose parental rights to the child has not been
terminated and the person who has physical custody of the child has been named
as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant him custody of the
child.
Respectfully submitted,
,-
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Emi y L. Ho an, Esquire
Sup, Ct. 1.0. #66307
3401 North Front Street
P.O, Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
Date: I /d.-al q (.,
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Date: ll~ ell..,
VERIFICATION
EMILY L, HOFFMAN, ESQUIRE, hereby states that she is the attorney
for the Plaintiff, GRZEGORZ MAClOLKA, in this action and verifies that the
statements made in the foregoing document arc true and correct to the best of
her knowledge, information and belief. The undersigned understands that the
statements therein are made subject to the penalties of 18 Pa, C.S.A. ~4904
relating to unsworn falsification to authorities. Counsel takes this Verification
because of time constraints due to the urgent nature of this document.
Respectfully submitted,
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Emily L. Ho man, ElIquire
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GRZEGORZ MACIOLKA,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
TERESA MACIOLKA,
Defendant
CIVIL ACTION - LAW
NO. 96-321 CIVIL TERM
IN CUSTODY
AND NOW, this v"l
ORDER
day of l / ) ~{A.C~ , 1996, upon receipt of
the Conciliator's Report, it appearing that the parties have agreed to the terms and
provisions of this Order which was dictated in their presence and approved by them
and their counsel, it is hereby ordered and directed as follows:
1. The parties shall share legal custody of the minor child,
Sandra M. Maciolka, d.o.b. 26 February 1988.
2. Mother shall have primary physical custody of the minor
child subject to periods of partial custody and visitation with Father as
follows:
A. Every other weekend beginning on Saturday at 8:45
a.m. until 7:45 a.m. on Sunday. It is anticipated that once
Father obtains a new job and does not have to work on Friday
nights, that this will be expanded to include Friday night from
Friday at 5:45 p.m until Sunday at 7:45 a.m. In addition,
.
Father agrees to make sure that daughter attends C.C.D., if
scheduled, on the Sundays when he exercises this visitation.
B. Father shall be entitled to one month during the
summer. In 1996, Father shall have the month of August. In
future years, Father shall be entitled to choose his month and
will provide Mother with his choice in writing no later than
April 1 of each year.
3. The parties shall alternate the major holidays, those holidays
being defined as Easter, Memorial Day, Fourth of July, Labor Day, and
Thanksgiving. Mother shall begin this alternating schedule with Easter
in 1996 and the schedule will alternate thereafter. The times for this
visitation will be from 8:45 a.m. until 7:45 p.m.
4. The Christmas holiday will be alternated so that each parent
will have the entire Christmas holiday with the child. In 1996, Father
shall have this period of time with the child and in all even-numbered
years thereafter. Mother will have this period of time with the child in
1997 and in all odd-numbered years thereafter.
5. Mother shall have the child on Mother's Day from 8:45 a.m.
until 7:45 p.m" and Father shall have the child on Father's Day from
8:45 a.m. until 7:45 p.m.
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6. Both parties shall have access with the child to celebrate her
birthday. Father shall celebrate the birthday with the child on her
actual birthday in 1997 and odd-numbered years thereafter. Mother
shall celebrate the birthday with the child on her actual birthday in
1998 and even-numbered years thereafter. The other parent will be
entitled to celebrate the birthday one day before or after the child's
actual birthday.
7. Such other times as the parties maY-lI,gr eJ'pon.
I
Emily Hoffman, Esquire
Attorney for Plaintiff
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Jennifer Lehman, Esquire
Attorney for Defendant
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GRZEGORZ MACIOLKA,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VB.
TERESA MACIOLKA,
Defendant
CIVIL ACTION - LAW
NO. 96-321 CIVIL TERM
IN CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflictsl
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(bl, the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Sandra M. Maciolka
26 February 1988
Plaintiff and
Defendant
2. A Conciliation Conference was held on 7 March 1996, and the fOllowing
individuals were present: the Plaintiff nd his attorney, Emily Hoffman, Esquire.
The Defendant appeared with her attorney, Jennifer Lehman, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
1
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6. The Plaintiff's position on custody h; as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child: Neither party requested and
the Conciliator does not believe any is necessary.
8. Need for independent psychological evaluation or counseling: Neither
party requested and the Conciliator does not believe any is necessary.
Date: 14 March 1996
Michael L. Bangs
Custody Conciliator
2
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Gr'Z('9u2 M.....cl'tI\Plaintiff
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: IN TIIB COURT OF COMMON PLEAS OF
:CUMBBRLIIND COUNTY, PENNSYLVANIA
.
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:CIVIL ACTION - LlUi
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;NO. q(,"~1 CIVIL
:CUS'l'ODY /VISITATION
19
M C4c;olkc,\ Defendant
ORDER OF CODRi'
AND NOW, this O(J}tiJ. IG?t.. , upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before C'tl. d,<\. I L I?o;,....,~ t'~, ,
the conciliator, at ~O ~ S 1'1.. Sf, C..",,, ";"
on the 7th day of NO'I~;;1.n- , 19 9... , at ~ r I\oi
M., for a Prehearing 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 temporazy order. Bither
party may bring the child who is the subject of this custody
action to the conference, but the cbild/children's attendance is
not mandatozy. Failure to appear at the conference 'may provide
grounds for entry of a temp~rary or permanent order.
FOR THE COURT:
By: ~(.~C't~i /. J2...n(#' t&(
Custody Conciliator ~~
YOU SHOULD TAKE THIS PAPER 7'0 YOUR LAWYER AT ONCE. IF YOU DO NbT.......~ (
HAVE A LAWYER OR CANNOT AFFORD ONE, GO 7'0 OR TBLEPHONE THE OFFICB
SET FORTH BBLOW 7'0 FIND OUT WHERE YOU CAN GBT LEGAL HELP.
OFFICB OF THB COURT ADMINISTRA'l'OR
COURTHOUSB, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
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GRZEGORZ MACIOLKA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 96-321 Civil Term
TERESA MACIOLKA,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
QBDEB
AND NOW, this _ day of , 1996, upon consideration of
Plaintiffs' Petition for Modification of Custody and Contempt of Court Order, IT IS
HEREBY ORDERED that counsel for the Plaintiff and counsel for the Defendant meet
for a hearing in the Chambers of the Honorable to resolve this dispute,
The hearing will take place at on the _ day of ,1996,
BY THE COURT:
J.
GRZEGORZ MACIOLKA,
Plaintiff
v,
TERESA MACIOLKA,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 96-321 Civil Term
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of , 1996, upon consideration of the
attached Petition of Plaintiff for Modification of Custody and Contempt of Court Order, it
is hereby directed that the parties and their respective counsel appear before
, the Conciliator, at , on the
_ day of , 1996 at o'clock _,m, for a Prehearing 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 child'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:
BY:
CUSTODY CONCILIATOR
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT
WHERE YOU CAN GET LEGAL HELP.
Office 01 the Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
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GRZEGORZ MACIOLKA,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 96.321 Civil Term
TERESA MACIOLKA,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND CONTEMPT OF COURT ORDER
COUNT I
CUSTODY
1. The Plaintiff is Grzegorz Maciolka, residing at 30 Westwood Court,
Enola, Pennsylvania 17025.
2. The Defendant is Teresa Maciolka, residing at 111 2nd Street, First
Floor Rear, West Fairview, Pennsylvania.
3. Plaintiff seeks physical custody of the following child.
Name
Present Address
AIm
8
Sandra Maciolka
111 2nd Street
First Floor Rear
West Fairview, PA
4. The child was not born out of wedlock. The child is presently in the
primary custody of Teresa Maciolka who resides at 111 2nd Street, First Floor
Rear, West Fairview, Pennsylvania.
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5. During the past five (5) years, the child has resided with the
following persons at the following addresses:
Name
Address Dates
Teresa Maciolka
111 2nd Street February 1995 to Present
First Floor Rear
West Fairview, PA
Grzegorz Maciolka
111 2nd Street February 1995 to Present
First Floor Rear
West Fairview, PA
Teresa & Grzegorz
Maciolka
111 2nd Street 1993 to February 1995
First Floor Rear
West Fairview, PA
Teresa Maciolka
Poland 1990 to 1993
(for the majority
of the time)
Teresa & Grzegorz
Maciolka
1302 2nd Street 1988 to 1990
West Fairview, PA
6. The mother of the child is Teresa Maciolka, currently residing at 111
2nd Street, First Floor Rear, West Fairview, Pennsylvania. She is married.
7. The father of the child is Grzegorz Maciolka currently residing at 30
Westwood Court, Enola, Pennsylvania. He is married.
8. The relationship of Plaintiff to the child is that of father. The
Plaintiff currently resides with the following persons:
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Name
Relationshin
Pamela Reitenbach
Girlfriend
Jessica Reitenbach
Daughter of Girlfriend (age 4)
9. The relationship of Defendant to the child is that of mother. The
Defendant currently resides with the following persons:
Name
Relationship
Sandra M. Maciolka
Daughter
10. The parties currently have a custody Order attached hereto as
Exhibit "A".
11. There has been a change in circumstances as follows:
a. Plaintiff can pick up the child after school due to his
work schedule;
b. Plaintiff moved and has a separate bedroom for the
child;
c. Defendant is not abiding by the Court Order.
12. The best interest and permanent welfare of the child will be served
by granting the relief requested because Defendant is alienating the child from the
Plaintiff.
13. It would be in the best interests of the child for this Court to appoint
a Guardian Ad Litem to represent her interests.
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14. A psychological evaluation would serve the best interests of the child.
WHEREFORE, Plaintiff requests the Court to grant him custody of the
child, appoint a Guardian Ad Litem for the child's best interests and allow for
psychological evaluations.
COUNT II
CONTEMPT
15. Paragraphs 1 through 14 of Plaintiff's Petition are incorporated as if
fully set forth herein.
16. Plaintiff is in contempt of the Court Order due to her actions as
follows:
a. The Order provides that Plaintiff shall have custody of
the child every other weekend. Defendant took thll child
to Poland for two months in derogation to the Order
which affords Plaintiff every other weekend,
b. Defendant did not return from Poland until August 2,
1996. The Order provided Plaintiff with the entire
month of August, thus, Defendant did not comply with
the Order.
c. Defendant took the child from Plaintiff one week prior to
the end of August in further disregard of this Court's
Order.
d. Defendant would not give Plaintiff the child for Labor
Day despite this Court's Order.
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e. The Order providcllthntl'lnillUll'lIhnll hllvu lhu child
every other weekelld frum ~'rhlny IIlllhtnt/i:4/i to
Sundny IInd 7:4/i 11,111, whulI he doulI 1I0t hllvu tu work 011
FridllY nighl.ll, PllliIlUIl'dlll!1I lIut hllvu lu wurk UII 1"rldllY
nlghl.ll and Defelldllllt, in derollllUolI of lhu Court'lI
Order, refullclIlo let him hnvu hill child Illlhnl limo.
16. Each parenl whollo pllrollllll righl.lllot hu child hnllllut huun
tennlnat.cd IInd the perllon who hllll IlhYlliclI1 cUlltody of thu child hnll heen named
as parties t.c this acUon,
WHEREFORE, PllllnUIT requelll.lllhe CourtlldjUlllle Defendant in
Contempt of the Court's Order.
Rellpeclfully lIuhmillllll,
METTE, EVANS AND WOODSIDE
BY:
, ESQUIRE
:1401 Nerth I~ront Slreet
1'.0, Bex /ifJ/iO
IllIrrishurll, PA 17110./i950
(717) :.I:12./i000
DATED: '1/2. rlef \,.
Allorneys lor PlllinUlT
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GRZEGORZ MACIOLKA,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSVLVANIA
CIVIL ACTION. LAW
NO, 98.321 CIVIL TERM
VI.
TERESA MACIOLKA.
Dofandont
IN CUSTODY
AND NOW. thll ~?
ORDER ..-
day of /?-lltvL , 1996, upon receipt of
the Conclliator'a Roport, It appearing that tho partial hava agreed to the terms and
provisions of this Ordor which WOI dlctotod in tholr prasence and approved by them
end their counlal, It Is hereby ordored and directed as follows:
1. Tho partial Iholl Ihora legal custody of the minor child,
Sandra M. Meclolka. d.o,b. 28 Fobruary 1988.
2. Mothor ahall hove primary physical custody of tha minor
child subject to porloda of partial custody and visitation with Father as
followa:
A. Evory other weokend boglnnlng on Saturday at 8:45
a,m, until 7:45 a.m. on Sunday. It Is anticipated that once
Fathor obtains a now job and doas not hove to work on Friday
nights, that this will bo oxponded to Include Friday night from
Friday at 6:46 p.m until Sunday at 7:45 a.m. In addltion,
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April 1 of each year.
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Fether agrees to make sure that daughter attends C.C.D., if
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scheduled, on the Sundays when he exercises this visitation,
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B. Fether shall be entitled to one month during the
summer. In 1996, Fathar shall have the month of August. In
future years, Father shall be entitled to choose his month and
will provide Mother with his choice in writing no later than
3. The parties shall alternate the major holidays, those holidays
being defined as Easter, Memorial Day, Fourth of July, labor Day, and
Thanksgiving. Mother shall begin this alternating schedule with Easter
In 1996 and the schedule will alternate thereafter. The times for this
visitation will be from 8:45 a.m. until 7:45 p.m.
4. The Christmas holiday will be alternated so that each parent
will have the entire Christmas holiday with the child. In 1996, Father
shall have this period of time with the child and in all even-numbered
years thereafter. Mother will have this period of time with the child in
1997 and In all odd-numbered years thereafter.
5. Mother shall have the child on Mother's Day from 8:45 a.m.
until 7:45 p.m., and Father shall have the child on Father's Day from
8:45 a.m. until 7:45 p.m.
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6. Both parties shall have access with tha child to celebrate her
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birthday. Father shall caleb rate the birthday with the child on her
ac:tual birthday In 1997 and odd.numbered years thereafter. Mother
shall celebrate the birthday with the child on her actual birthday In
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1998 and even-numbered years thereafter. The other parent will be
entitled to celebrate the birthday one day before or after the child's
actual birthday.
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7. Such other times as the parties may agree upon.
BY THE COURT,
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Emily Hoffman, Esquire
Attorney for Plaintiff
Jennifer Lehman, Esquire
Attorney for Defendant
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GRZEGORZ MACIOLKA,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
NO. 96-321 CIVIL TERM
IN CUSTODY
.........
vs.
TERESA MACIOLKA,
Defendant
JUDGE PREVIOUSLY ASSIGNED: None (No Judlclsl Conflicts)
CUSTODY CONCILIATION CONFERENCE ~UMMARV REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Concilistor submits the
following report:
1. The pertinent Information concerning the child who Is the subject of this
IItigetion Is as follows:
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NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Sandra M. Maciolka
26 February 1988
Plaintiff and
Defendant
2. A Conciliation Conference was held on 7 March 1996. and the following
Individuals were present: the Plaintiff nd his attorney, Emily Hoffman, Esquire.
The Defendant appeared with her attorney. Jennifer Lehman, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
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the Conciliator does not believe sny is necessary.
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6. The Plaintiff's position on custody is as follows: See ettached Order.
6. The Defendant's position on custody Is es follows: See attached Order.
7. Need for separate counsel to represent child: Neither party requested and
8. Need for Independent psychological evaluation or counseling: Neither
party requested and tha Conciliator does not belleva any Is necassary.
Date: 14 March 1996
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'Mlchaal L. Bangs
Custody Conciliator
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CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon the
person(s) and in the manner indicated below, by depositing a copy of same in the
U.S. mail, First-class postage prepaid, as follows:
Jennifer L. Lehman, Esquire
3540 N. Progress Ave., Suite 207
Harrisburg, PA 17110
METTE, EVANS AND WOODSIDE
BY:
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EMILY L. HOFFMAN, ESQUIRE
Supreme Cour~ 1.0, 866307
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-5950
(717) 232-5000
DATED: 9 (~5""( 9 (..
78458.1
Attorneys for Plaintiff
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GRZEGORZ MACIOLKA,
Plaintiff
vs.
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CUSTODY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 96-321 CIVIL TERM
TERESA MACIOLKA,
Defendant
OR~
day of ...
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AND NOW, this
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, 1996, upon receipt
of the Conciliator's Report, it appearing that the parties have agreed to the terms
and provisions of this Order which was dictatad in their presence and approved by
them and their counsel, it is hereby ordered and directed that:
1. All prior Orders in this case are vacated.
2. The parties shall share legal custody of the minor child,
Sandra M. Maciolka, d,o.b. February 26, 1988.
3. Mother shall have primary physical custody of the minor
child subject to periods of partial custody and visitation with Father as
follows:
A. Every other weekend beginning on Friday from after
school until Sunday at 7:45 p.m.
B. Every Thursday evening from after school until the
following day at which time Father will return the child to
school.
C. Father shall be entitled to one month during the
summer. This period of time shall occur so as to not Interfere
with the child's school at the beginning of the summer and
should not include one week prior to the child returning to
school In the fall. Father shall be entitled to choose his month
and will provide Mother with his choice in writing no later than
April 1 st of each year.
4. The parties shall alternate the major holidays, those hOlidays
being defined as Easter, Memorial Day, Fourth of July, Labor Day, and
Thanksgiving. The Thanksgiving holiday shall include Wednesday after
school until Sunday at 7:45 p.m. Easter, Memorial Day, and Labor
Day shall include the entire weekend from Friday at 4:30 p.m. until the
end of the hOliday at 7:45 p.m. The Fourth of July holiday shall be
from 8:45 a.m. until 7:45 p.m. unless the Fourth of July should occur
on a Friday or a Monday, for which the party shall have the entire
weekend. This alternating schedule will begin with Father having
Thanksgiving in 1996.
5. The Christmas hOliday shall be alternated so that each parent
will have the entire Christmas hOliday with the child. The entire
Christmas hOliday shall be defined, unless otherwise agreed upon, as
beginning no later than 9:00 a.m. on December 24th and ending at
7:45 p.m. on January 1 st of each year. Father shall have this period
of time in 1996 and all even-numbered years thereafter, while Mother
shall have this period of time in 1997 and all odd-numbered years
thereafter.
6. Mother shall have the child on Mother's Day from 8:45 a.m.
until 7:45 p.m" and Father shall have the child on Father's Day from
8:45 a.m. until 7:45 p.m.
7 . Both parties shall have access with the child to celebrate her
birthday. Father shall celebrate the birthday with his child on her
actual birthday in 1997 and odd-numbered years thereafter. Mother
shall celebrate the birthday with the child on her actual birthday in
1998 and even-numbered years thereafter. The other parent will be
entitled to celebrate the birthday one day before or after the child's
actual birthday.
8. The parties agree that they shall endeavor to make sure that
their daughter gets proper religious training. Both Father and Mother
agree that they shall make sure that the child attends C.C.D. and
church regularly unless they otherwise agree that that is not
appropriate for the child.
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9. The parties agree that they shall continue with the child's
tutoring In English. Father agrees that he will continue with the
tutoring on a minimum of one time every other week.
10. The parties acknowledge that the child is with a day care
provider currently. Mother will be changing the day care provider in
the near-term future. Upon a change of the day care provider by
Mother, Mother will obtain the services of a state certified day care
provider if at all possible. If Mother is unable to locate a state certified
day care provider, and in any event, she must contact Father so that
Father has the opportunity to review the name, address and phone
number of the proposed day care provider.
11. Such other times as agreed upon by the parties.
BY THE COURT,
Emily L. Hoffman, Esquire
Jennifer L. Lehman, Esquire
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GRZEGORZ MACIOLKA,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VB.
NO. 96.321 CIVIL TERM
TERESA MACIOLKA,
Defendant
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable Edgar B. Bayley
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Sandra M. Maciolka
February 26, 1988
Plaintiff and Defendant
2. A Conciliation Conference was held on November 7, 1996, and the
following individuals were present: the Plaintiff and his attorney, Emily L. Hoffman,
Esquire; the Defendant appeared with her attorney, Jennifer L. Lehman, Esquire.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
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6. The Pleintiff's position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child: Neither party requested.
8. Need for independent psychological evaluation or counseling: None
requested and the Conciliator does not believe any is necessary.
Date: November 11, 1996
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Michael L. Bangs
Custody Conciliator
2