Pietrusewicz v. Pietrusewicz

41 Pa. D. & C.5th 456
CourtPennsylvania Court of Common Pleas, Berks County
DecidedAugust 14, 2014
DocketNo. 05-2213 #5
StatusPublished

This text of 41 Pa. D. & C.5th 456 (Pietrusewicz v. Pietrusewicz) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pietrusewicz v. Pietrusewicz, 41 Pa. D. & C.5th 456 (Pa. Super. Ct. 2014).

Opinion

LASH, J.,

The matter before this court is the petition of defendant, Paul Pietrusewicz (hereinafter “father”), to Modify a Child Custody Order entered by this court on November 21, 2012. Trial was held on July 21 and 22,2014. This court enters the following Findings of Fact:

I.FINDINGS OF FACT

1. Plaintiff, Teresa Pietrusewicz (hereinafter “mother”), is an adult individual who currently resides at 27 Ridge Drive, Fleetwood, Berks County, Pennsylvania.

2. Defendant, Paul Pietrusewicz (hereinafter “father”), is an adult individual who currently resides at 2359 West Hedding Street, San Jose, California 95128.

3. The parties are the natural parents of four (4) children, two (2) of which are minors. The minor children are a son, M.J.P., bom June 25, 1997, and a daughter, M.P., bom January 23, 2001, (hereinafter “Minor Children”). The parties other children are a daughter, Kaitlyn Pietrusewicz, bom July 16, 1991, and a son, Austin Pietmsewicz, bom September 18, 1993.

4. The parties are husband and wife, having been married on October 10, 1987. The parties separated sometime in October — December 2012 and have remained living separate and apart. A divorce action is pending in Berks [459]*459County court.1

5. Shortly after the separation, father moved to the State of California. Moving with him was the eldest son, Austin. The other three (3) children remained with mother in the marital residence.

6. Upon separation, mother filed the initial custody complaint, which resulted in an agreement, entered as a court order on November 21, 2012, setting forth, among other things, that the parties would share legal custody, that mother would have primary physical custody during the school year, with father having partial physical custody, and that father would have primary physical custody during the summer months, with mother having partial physical custody.

7. In June 2013, father filed the within petition to modify custody, seeking primary custody of both minor children.

8. Pursuant to father’s petition to modify, this court scheduled a trial for July 31, 2013. Some testimony was taken, but then the parties agreed to forgo completion of the trial, reaching an agreement. The agreement set forth, among other things, that father would assume primary custody of the parties’ minor son, with mother to have partial custody for two (2) consecutive weeks in the summer months and for some time during the Thanksgiving holiday, provided that father would [460]*460be spending Thanksgiving in the Commonwealth of Pennsylvania. This portion of the order was entered as a final order finally resolving custody of the minor son. The order also provided temporary relief regarding the minor daughter, setting forth that mother would retain primary physical custody, with father to have partial custody at such times as agreed by the parties, also providing that all of father’s contact with the minor daughter would be monitored and recorded by mother, including any face-to-face contact through Skype. The minor daughter was also to participate in reunification counseling to facilitate a reconciliation between her and mother. The matter now before this court concerns the custodial status of the minor daughter.

9. Father resides in the San Jose Unified School District. The minor son attends Abraham Lincoln High School in that district. If the minor daughter would reside with father, she would attend the Herbert Hoover Middle School. Both the Abraham Lincoln High School and the Herbert Hoover Middle School are in close proximity to father’s home. Mother resides in the Brandywine Heights Area School District, where the minor daughter is currently attending.

10. On or about October 29, 2012, mother filed protection from abuse petitions against father and the elder son, Austin. On or about November 14, 2012, the petitions were withdrawn by mother, without prejudice.

11. Father is employed as owner/president and sole employee of Market2Go, LLC, a business he founded in 2002. The firm handles telecommunications consultations. [461]*461Father states his work schedule is flexible due to his autonomy and to enable him to be available for his family. Father conducts most of his business over the internet or by telephone and can operate his business from virtually anywhere.

12.Mother is employed as a school nurse in the Brandywine Heights Area School District.

13. The parties’ respective homes are both suited environmentally for rearing minor children.

14. An independent psychological evaluation was compiled by Arlene B. Ginsburg, Ph.D. She conducted interviews with the parties, and all four (4) children, administered the Minnesota ultiphasic Personality Inventory-2 (MMPI-2) to the parties, administered the Perception of Relationships Test (PORT), partial, Bricklin Perceptual Scales (BPS), partial, to the minor daughter, and Rotter Incomplete Sentence Blank (RISB), high school figure drawings, to the minor son. Dr. Ginsburg prepared a written report dated July 23,2013, and testified at the trial of July 31,2013. Dr. Ginsburg then compiled an updated evaluation, dated April 30, 2014, to be submitted for purposes of the within trial, however, neither party called her to testify, nor moved for admission of her updated report into evidence.

15. The elder daughter, Kaitlyn, is estranged from father.

II. DISCUSSION

In making disposition, this court considered the [462]*462testimony of the parties, reunification counselors, Vanessa Hagen and Amy Alverez, mother’s friend, Christina Becker, and her 13 year old daughter, Samantha, the elder son, Austin, the in camera testimony of the minor children, and testimony taken at the first trial dated July 31, 2013, which included a representative from Children & Youth Services, Lauren Heydt, a neighbor, Diane C. Yoder, and the psychologist, Arlene B. Ginsburg, Ph.D. This court also considered the exhibits of the parties, including Dr. Ginsburg’s report dated July 13, 2013.2

While various issues and complaints were raised by the parties, there were a few predominate themes which spoke to the heart of the controversies and which gave this court substantial oncem. Father’s presentation focused on the minor daughter’s strong desire to relocate to California to reside with him. This closely resembled the same desire expressed by the minor son back in July of 2013, which, upon recommendation of the psychologist, and with the agreement of the parties, resulted in the minor son moving to California. Father’s presentation also focused on several significant complaints against mother, including spying on the minor children, as well as on father while he resided in the home, calling the police to attempt to control the minor children’s behavior, videotaping the minor children’s actions while following them around the house, searching their belongings when they came and left the house, having their lockers searched at school, refusing the minor children access to the elder son, Austin, [463]*463even when he came to the house to visit, locking the minor children out of the house, even during cold weather when they had no coats, and otherwise engaging in actions which demonstrated her mistrust and/or paranoia against father and the minor children.

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Bluebook (online)
41 Pa. D. & C.5th 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pietrusewicz-v-pietrusewicz-pactcomplberks-2014.