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Home My WebLink About00-02442 F:\FILES\DATAFILE\Gendoc,cur\88162-CUS,COMltde Created: 04/10/00 10:46:23 AM Revised: 04/13/0009:37:04 AM JOHN F. BARDOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- ;;'1./4).. CIVIL ACTION LAW ANNE T. BARDOL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this JI.!.rJ.- dayofJr;~2Pt!il, upon consideration of the attached Complaint, I f I it is her ,directed that the parties and their espect~e co sel ap ear before,/ 1t'/t..I=. E-;, the conciliator, at ./.- /1'Dr. (;.._L "^ Gu '(:t->vY on the.:m ay 0 ,~, at O. m. for a Pre- earing Custody Conference. At uch conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Concihator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 !!& -~- ~ ~ ~ ~,--- ..~ "-~ or ni^J' tr"1 '" \)~ ; r i ,,::.;) ,'! 'D' r'r: ,-1~ j I }. :JC CIJ\/':::-:: ,,:' ,--' '" 1',');.J',,:i'lU',i 1:( I.U'"jT" ..>_~ '.h. (' I r t~'t'FI~ IC'\/L\ /.'11, 'I" ,,~ ~ '11.)4 \'r\] \1,;_\ 1/.,;6 a; M ~ /#~ -z, /I1'?iJ yO '1'd).ct:J 1t~ ~ ~ 4. fl~ L/~~'DJ 7l~ ;,we~ ~~ ~ ,_r "" ~lQIlIII ~" ~-~, 1~!!l1W~M~l'~~~tj~llllh..,....,~r~",,!!i'l~H!'I"fO'''T....~~"~!Iil . .. 1HJ~ .- ., ,-"-" -, , - , ". JOHNF. BARDOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-..l 4'1.1-- CNIL ACTION LAW ANNE T. BARDOL, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is John F. Bardol, an adult individual currently residing at 6216 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Anne T. Bardol, an adult individual currently residing at 532 Ichabod Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Amy Kathyrn Bardol, who was born on May 2, 1987 and Laura Anne Bardol, who was born on January 16, 1985. The children were not born out of wedlock. Since their birth, the children have resided with the following persons at the following addresses for the following periods oftime: They resided with the parties at 532 Ichabod Court, Mechanicsburg, until the Plaintiffleft the marital residence when the parties separated. The primary residence of the children since then has been with the Defendant at 532 Ichabod Court, Mechanicsburg, but the Plaintiffhas had temporary periods of custody ofthe children at his address, 6216 Stanford Court, Mechanicsburg. 4. The relationship ofthe Plaintiffto the children is that off ather. He is married and living separately. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the child is that of mother. She is married and living separately. The Defendant currently resides with the following: Name Relationship Amy Kathyrn Bardol Daughter Laura Anne Bardol Daughter '1 '" .J 6. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. 7. The best interest and permanent welfare of the children will be served by granting custody to Plaintiff because: Defendant has not cooperated with Plaintiff s periods of custody by scheduling events with the children at times when Plaintiff is scheduled to have custody and then telling Plaintiffhe would disappoint the children's expectation, as created by Defendant, ifhe had the children as scheduled. Plaintiff would be better able to cooperate with Defendant in arranging time with the children than visa versa. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO By -; LII..-- ~ Jl.. -- Thomas J. Willi s, Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: April 18, 2000 ~,' "', - ,- ,,- , ,.- .,~ '--", ., ,<--' . VERIFICATION ; i The ~regoing Complaint to Confinn Custody is based upon information which has been gather~ by my counsel in the preparation of the lawsuit.' The language of the document is ~hat of counsel and not my own. 1 have read the Complaint and to the extent that the document is based upon infonnation which I have given to my counsel, it is true I and correct fO the best of my knowledge, infonnation and belief. To the extent that the content of tfe document is that of counsel, I have relied upon counsel in making this verification. ! , This !statement and verification are made subject to the penalties of 18 Pa. C.S. i Section 490t relating to unsworn fidsification to authorities, which provides that if I make knowingly OOse avennents, I may be subject t penalties. P:\FIIL'ES\DATAPILB\GCndo<::,t:W'\ll8I61_CUS,COM .'~~~"""" ._n ~Ili ~' , .""c CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy ofthe foregoing Custody Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Kathleen C. Daley, Esquire 1029 Scenery Drive Harrisburg, P A 17109 MARTSON DEARDORFF WILLIAMS & OTTO ~ttiJ} f~ ~:i;ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: April I", 2000 tf;.!B'~' _. "-~ ~'JlIi1~.i ~:ilIIlIii' tJPt "- .,,- "', ,.~~ ,,,,,,ew'.Bl-'>' """""'.ll!~. . ~ j- .~...~~ - . 0 '~.;~~.- (') C) () C C' ~. -n ~ <" ~ 6 \") ~X) u nl",'l ::"'.:J t S 2'~ g It> () ~ :Z"[ "P~I en.:. CD --,--' It.. ~ ~~,-- C) OQ d -on "" 'i U(J ~5~i _.. C) ~ ~ r- ;--:ill '-' 2: :::. .:;~~ ff! I -, :':'U -< ..,J -< 6"'- ~ ~ f' j t . ..... F:\FILES\DA T AFILE\Gendoc.cur\88162-aos.lftde Created: 04lIOJ0010:46:23AM ,~SeG: _ 04f~9JgO 08:18:32AM JOHN F. BARDOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2442 CIVIL ACTION LAW ANNE T. BARDOL, Defendant IN CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Kathleen C., Daley Esquire, attorney for Defendant Anne T. Bardol in the action, hereby accept service ofthe Custody Complaint in the above action on her behalf and certify that I am authorized to do so. Date: rl] ~ 1/1 2t:tP . , ,rar,-iil;iiilll;(<<:lfl~~~~""''''''~ .~'~~'IiiII1~~'11- 1Ii'. . - " ~ --- ,IU,~,A ~.....~. -, .. . (") 0 0'. C C? "T1 """ ::lI: ::;:1 :>.- ul1J "'" ;ti:D rnrTi -< 'oFn 2::0 -rr- :,,% ~~ 0 :::is,. '~L' -0 -'--H d;<"J -Z 0- ~70 =0 '-m )>C ra S z ~ :< ....j RECEIVED APR 2 6 2000 l\IlDW0 " " , ~ '", _' I I , I , I , I , I JOHN F. BARDOL, IN THE COURT OF COMMON PLEAS plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000-2442 ANNE T. BARDOL, Defendant CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff John F. Bardol in the above-captioned matter. Date qllJ I~ MARTSON, DEARDORFF, WILLIAMS & OTTO By Jl=~illt;:~B:;;re Pa. Attorney I.D. No. 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Enter the appearance of MARTSOLF & BRATTON on behalf of Plaintiff John F. Bardol in the above-captioned matter. Date HhAf,flJ I :TifiJA __ Bruce F. Bratton, Esquire Pa. Attorney I.D. No. 15859 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff . "'!fi'.iill!la'~'~; i:iUiilml~Uli\I~ ~~ " '''''''If"Ii'' .'.~l<~~'"""""~ " ,. ~~--...~ iIlr~""" ~,' '" . ;. ,; o ~ :g ;~~"': "/"'7': ZC:-' (./.)~. -, -(,'..=.. !;:C! )?;;r', ?;t5 J."">c:' ""7 ~ -I -< >'1 ::J ~--j -; .","0. F3 --J . , -- ,. "~ . JAN;410~ . It ~" :-1 JOHN F. BARDOL, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW ANNE T. BARDOL, Defendant NO. 2000 - 2442 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of January, 2001, the Conciliator being advised that the parties in the above matter have filed a Stipulation with the Court, the Conciliator relinquishes jurisdiction. BY THE COURT, .1ilIii;~"- M~~-""';~'ili!Bi~~li~~~. '~~'"'~~iIlliil-.'-~~ '"till r- ,. ., , , " ('") S _.C_ l:JC__ 111,-;' Z:-"\ ~~~, ~~~ ::<' Ci Ie; -:;::,;:. C,;-' "!"-'" ...~,. t,) r~ Fc , ~, ~., ~, ~~ - J .I JAN 0 3 2001117 John F. Bardol, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff vs. : NO. 2000-2442 Anne T, Bardol, Defendant : IN CUSTODY ORDER OR COURT AND NOW, this Ib~ daYOf_~ · o' of the parties, it is hereby ORDERED and DECREED: ,2001, upon stipulation ~O()/ 1. Father and Mother shall share legal custody of the children; 2. Mother shall have primary physical custody of the children subject to the Father's rights of temporary custody and visitation as herein contained. 3. Father shall be entitled to have the children in his physical custody one I-week period each month, such period to commence on the Sunday evening at 6:00 p.m. which is the fIrst day of each calendar month or the Sunday prior to the fIrst day of each calendar month and ending the following Sunday evening at 6:00 p.m. 4. Each parent shall enjoy mid-week visits from 6:00 p.m. to 9:00 p.m. on one evening per week when the children are in the primary care of the other parent. These visits may occur with both children on one night or may occur on separate nights with each child individually as the schedules of the parties permit. 5. Father and Mother shall alternate the holidays ofNew Year's Day, Easter, Memorial Day, Independence Day and Labor Day. The next holiday, New Year's Day, the children will spend with I I I I I I i i I ! I i I I , I I I i I I , I I I I , I i I i I I , , I I ~. } Father. 6. Thanksgiving shall be shared by the Mother and Father with the children on an every- other-year basis. In the year 2000 and all even-numbered years thereafter, the children shall spend the Thanksgiving holiday with Mother. In 2001 and all odd-numbered years thereafter, the children will spend the Thanksgiving holiday with Father. 7. In even-numbered years, Mother shall enjoy custody of the children from Christmas Eve at noon until Christmas Day at approximately 10:00 a.m. each year. Father shall enjoy custody of the children from approximately 10:00 a.m. on Christmas Day through December 27 at 10:00 p.m. so that the Father and the children may visit with Father's family. In odd-numbered years this schedule shall be reversed. 8. The children will spend Father's Day with Father Mother's Day with Mother. J. [ar>';0 -fYl~ O/~/()'O I R~j -2- ^" '"" >'.,--'''''''''...."' '," - .',. '~". ,," , '"",,. "" ., "'0 ,~ ',-" J."..~~-'~ . -~.."."'M""~,""~.ft n:- .,.'1 01 /' 11 - iiN II: () '} ell""" vlVid:",<,! i ,:'._;:-', ,'. 6'-' oL.J!r\;: I i :1--; '{ t'i' I' i-;lJ\!(')'L'''; ,.,;,JU \I ( - ,-,.) \/f,,;'ll!\ ; ~~, ~IIIIIII!!!" ~ ",~,""""""~~~,,,!~jJ'li~~~~M'!~"FO " ,~.,~~ ~ ~. " .~~ " neC~27-00 02:58 PM P~04 . . \ . , JOHN F. BARDOL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL Y ANIA CIVIL ACTION - LAW v. ANNE T. BARDOL, NO. 2000-2442 Defendant IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, the Plaintiff and Defendant are Husband and Wife and are the parents of two children born of this marriage, to wit: Laura Anne Bardol, date of birth, January lis, 1985, and Amy Katluyn Bardol, date of birth, May 2, 1987; WHEREAS, the Plaintiff has instituted an action in custody seeking primary physical custody of the minor children; WHEREAS, the Plaintiff and Defendant, after careful consideration IInd the opportunity for the IIdvice and assistance of counsel, have reached an IIgreement to provide for the custody of the children without the need to litigate the matter before this Honon~ble Court and asks the Court to adopt this agreement as its Order; WHEREAS, it is the belief of the Plaintiffand Defendant that the agreement reached herein provides for the best interest of the children; NOW THEREFORE, intending to be legally bound, the parties agree as follows: ._~~~, -' , ~ MI>I'~.' 4E~~2?-00 02:59 PM P.05 I .~ , \ I, Father and Mother shall share legal ~ustody ofthe children; 2, Mother shall have primary physi~al ~ustody of the ~hildren subject to the Father's rights oftemporary custody and visitation as herein ~ontained. 3, Father shall be entitled to have the children in his physical custody one I-week period each month, such period to commence on the Sunday evening at 6:00 p.m. which is the first day of each calendar month or the Sunday prior to the first day of each ~alendar month and ending the following Sunday evening at 6:00 p,m. 4. Each parent shall enjoy mid-week visits from 6:00 p,m, to 9:00 p.m. on one evening per week when the children are in the primary care of the other parent, These visits may occur with both children on one night or may occur on separate nights with each child individually as the schedules of the parties permit. 5. Father and Mother shall alternate the holidays of New Year's Day, Easter, Memorial Day, Independen~e Day and Labor Day. The next holiday, New Year's Day, the children will spend with Father. 6, Thanksgiving shall be shared by the Mother and Fsther with the children on an every- other-year basis, In the year 2000 and all even-numbered years thereafter, the children shall spend the Thanksgiving holiday with Mother, In 200 I and all odd-numbered years thereafter, the children will spend the Thanksgiving hoiiday with Father. """"""""--,'~ . ,.. ~ D~C-27-00 02:59 PM ~, ~ c d .' =~ l\II,l<IIc_i P.06 .. , . 7. ::t:N (VEN N/{P< ~<".~ Yf'.4"(\ I ];}lllltg tl1, j:lafti!r.' . _"p(;Gti'. t family CkMtmas tra-liitHms, Mother shalt e'!ioy custody of the children from Christmas Eve at noon until Christmas Day at approximately 10:00 a.m. each ear. Father shall enjoy custody of the children from approximately 10:00 a.m, on Christmas Day through December 27 at 10:00 p,m, so that the Father and the children may visit with Father's family. J:" (),to{ }J/.(.,~,{ Y.6!iJ(J I'l' jc4/dc ,#106e /UV(4.u'..I. 8, The children will spend Father's Day with Father and Mother's Day with Mother. \ IN WITNESS WHEREOF, the parties set forth their hand and seal this )8 r-- day of ~<--...~ .2000, WITNESS: n" ,~ ()AUlf/ / . ANNE T. BARDOL ~ '. r ~ - -" ,~ ........~"-~ ~, -~ .~ '~"c' " '", . -~ ,~~ ~~~...,...,--,~ ~, ",~~"'.r' ,,_~, _ "_ " '," '~ ~. ~ ~ -'~ ",-',,- 0 0 ~~j c: , s: L_ - "1J CU ;,;pt r-nrll ~ Z:L I 2C C/>~ 0' -, r;:C ?:'~ ~~: -" z, ~) ..<:, 0') ","-,., " ~, 'e~'," p . , ,~,.,'l!t\\!lf,"","ViI'\'JI!";\I~H'-_"<l'!e~~'Ilftm~~~_~ l~1f1 , "~~-~