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IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COlINTY, PENNSYLVANIA
CIVIL ACTION. LAW
EDWARD L KIRBY,
Plainlill'
STACY L. KIRBY,
Defendant
NO. 97-6600 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ZJ'" day of October, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. This court's prior order of May 26, 1998 is vacated.
2. The Father, Edward L. Kirby, Wld the Mother, Stacy L Kirby, shall enjoy shared
legal custody of Erica N. Kirby, born JWle 29, 1992; and Tyler W. Kirby, born
October 24, 1994.
3. The Father shall enjoy primary physical custody of the minor children.
4. The Mother shall enjoy periods of temporary physical custody of the minor children
as follows:
A. On alternating weekends from Friday at 5:00 p.m. Wltil SWlday at
7:00 p.m. When Mother is not available because of her traveling
from New York, the maternal grandmother shall pick the children up
at the designated time. Where there is a long weekend and the
children have Friday and/or Monday off. Mother may designate that
weekend as her alternating weekend and modity the schedule Il:3 long
as she gives Father at least two (2) weeks notice. Father shall share
with the Mother the children's school schedule and Mother shall
advise Father as much in advance as possible as to what long
weekends she intends to exercise during the school year.
S. The panies shall share physical custody of the children during the summer months
Wlder a schedule as agreed upon by the parties with the Wlderstanding being that the
custodial schedule shall be as close to SO/50 as possible. Father shall provide
Mother with a school calendar indicating when the children are out of school and
when the children go back to school.
6. The holidays shall be handled as follows:
A. For 1999, Mother shall enjoy Thanksgiving from 3:00 p.m. on
Thanksgiving Day through the following Monday.
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B. Christmas shull be alternated each year. For 1999, the Mother shall
have custody of the minor children from noon on Christmas Eve
through noon on December 26th. Father shall enjoy the same time
frame the following year with the parties alternating.
C, The Easter holiday shall be alternated each year with the Father to
enjoy Easter of 2000. The time frame for the Mother when she has
Easter shall be from the afternoon when the children are released
from school on Easter week until Sunday evening at 7:00 p.m.
7. Mother shall enjoy her weekend of time with the children on Mother's Day weekend
and Father shall always have the children on the Father's Day weekend. This
provision shall supercede any other provision of this order.
8. Both parties shall keep the other party advised with respect to all important issues
concerning the children including but not limited to educational issues and health
issues. Additionally, both parties shall enjoy reasonable telephone access with the
minor children when the children are in the other parents custody.
9. This order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event either party desires to modify this order, that
party may petition the court to request that another Custody Conciliation Conference
be scheduled.
cc:
Sally Winder. Esquire
Mark D, Schwartz, Esquire
BY THE COURT.
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EDWARD L KIRBY,
Plainti IT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
NO. 97-6600 CIVIL
IN CUSTODY
STACY L. KIRBY,
Defendant
Prior Judge: Kevin A. Hess
CONCILIATION CONFERE,!,/Cr. SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. '!be pertinent infonnation pertaining to the children who are the subject of this litigation is
as follows:
Erica N. Kirby. bom June 29.1992; and Tyler W. Kirby, bom October 24. 1994.
2. A Conciliation Conference was held on October 19, 1999, with the following individuals in
attendance:
The Father, Edward L Kirby, with his counsel, Sally J. Winder. Esquire; and the Mother,
Stacy l.. Kirby, with her counsel, Mark D. Schwartz. Esquire.
3. The parties agree 10 the entry of an order in the fonn as attached.
Hubert X. Gilroy, Esqui
Custody Conciliator
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EDWARD L. KIRBY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
: CML ACfJON . LAW
VI
NUMBER: 97 - 6600 CML TERM
STACY L. KIRBY,
IN CUSTODY
Defendant
ORDER OF' COURT
AND NOW, ~ l),..... 1997, upon consideration of the attached Petition for
Special Relief, a" '.11:' ,b, nl fA. . IW:",
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,-,til said hearing, the Petitioner. EDWARD L, KIRBY, shall have primary physical
custody of the two minor (02) children, ERICA N, KIRBY and TYLER W. KIRBY.
By the Court,
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EDWARD L. KIRBY, . IN mE COURT OF COMMON PLEAS OF
.
. CUMBERLAND COUNlY
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PI.lad" .
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VI . CIVIL ACTION - LAW
.
. NUMBER: 97 - 6600 CIVIL TERM
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STACY L KIRBY,
IN CUSTODY
neread.at
PETITION FOR SPECIAL RELIEF
COMES NOW, the Petitioner, EDWARD L. KIRBY, by and through his
COUllIe~ SALLY J. WINDER, ESQUIRE, and files this Petition for Special Relief making the
following statements:
I. The Petitioner is EDWARD L. KIRBY, an adult individual residing at. and
whose mailing address is 452 West Main Street, Walnut Bottom, South Newton Township,
Cumberland County, PeMsylvania 17266.
2. The Respondent is STACY L. KIRBY, an adult individual whose mailing
address and residential address is 11811 Shrader Road, Wayland, New York 14572.
3. The parties are the natural parents of two minor children, ERICA N, KIRBY,
born June 29,1992 and lYLER W, KIRBY, born October 24,1994.
4. The parties separated at the beginning of June 1997. The children were with
each parent on a split custody arrangement.
S. Mother moved to New York with her boyfriend approximately August 08.
1997, leaving the children with father in Pennsylvania.
6. Father had physical custody of the children and the eldest child, ERICA, has
been enrolled in the Big Spring School District.
7. Father tiled a Complaint for Custody on November 26, 1997, a copy of which
is attached hllreto and marked Exhibit. A. and incorporated herein. A Conciliation Conference
has been scheduled for January 22, 1998 at 09:30 o'clock A.M.
8. After this Complaint for Custody was tiled and this action pendins, mother
came to Pennsylvania without warning to father and during his absence, took the children from
the daycare center, removing them from the jurisdiction of this Court and fleeing to New York.
9. Mother, despite requests by father and attempts to peacefully have the children
returned to Pennsylvania, has refused to bring the children back to the Commonwealth of
Pennsylvania or allow the father to see the children until father agrees that mother may have
primary physical custody.
10. Mother has liled no action in New York.
II. The children should be in a stable and steady home and stay in the juriJdiction
of this Court until any further Order of Court.
12. The children have talked with their father by telephone, crying and uking him
to come get them and saying that they do not want to live with their mother.
13. Mother. during a prior weekend visitation with the three year old son, made
statements that she would keep him and not honor any Court Orders.
14. The three year old was returned to father \vith bruises and speaking of being
hit. Therefore, father fears for the physical safety of the children.
15. Father believes and therefore avers that it is in the best interests and safety of
the children to prevent any further harm to the children that an ex parte immediate Custody Order
be entered awarding custody to the father pending Cor,ciliation u scheduled for January 22, 1998.
WHEREFORE, the Petitioner, EDWARD 1.. KIRBY, respectfully requests that
he be granted temporary primary physical custody of the minor children until further Order of
Court and pending the Conciliation Conference scheduled for January 22, 1998.
Respectfully submitted,
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Sally J,
701 Elst ng SL
Shippenlburg PA 17157
(717) 931- 9476
Attorney for Pllintiff, EDWARD 1.. KIRBY
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VERlFICA nON
I verify that the statements made in the foregoing Petition are tNe and correct to the best ,
ofmy personal knowledge and belief I understand Ihat false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date:JZ/J(9 )
~d~2 ~/:fP
EDWARD L. KIRBY
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,i EDWAIU> L. KlltUY,
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IN TilE cOVIn 01" COMMON I'U:,\S OF
ClIMUEltLAND COUNTY
PlahllllT
VI
CIVIL ACTION - LAW
NUMDElt:
STACY L, KIROY,
IN CUSTODY
Defendant
ORDER OF cOVIn
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CIVIL TEltM
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AND NOW, ' 1997, upon consideration of the auached Complaint
for Modification of Custody Order, il is hereby directed that the parties and their respective
counsel appear before . the Conciliator. at
,on the
day of , 1998, at _.n1., for a Pre-Hearing Custody
Conference. At such conference, an elTort 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
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: i into a temporary Order. All children age five or older may also be present at the conference,
I! Failure to appear at the conference may provide grounds for entry of a temporary or perlnanenl
I! Order.
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For the Court,
By:
Custody Conciliator
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YOU SIIOULDTAKE TillS PAPEn TO YOUlt LAWYER AT ONCE. IFYOU DO NOT I
IIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TIlE '
Ii OFFICE SET FORTlI UELOW TO 111ND OllT WIIERE YOU CAN GET LEGAL IIELP. I
i,l! OFFICE OF TilE COUnT ADMINISTRATOR
,: COURTIIOUSE,4TllllLOOR
,
Ii CAnLlSLE, PA 17013
I; (717) 240-6200
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if EDWARf) 1., KIIUJY,
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IN 'I'm: cou In 0... COMMON I'U:,\S OJ.'
CUMUI!:RLAND COUNTY
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I STACY L. KIROY,
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PlaintilT
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CIVIL ACflON . LAW
NUMUER:
CIVIL TERM
IN CUSTODY
Defendant
COMPLAINT FOR CUSTODY
COMES NOW, the PlaintilT, EDW Aim L. KmOY, by and through his allorney, Sally
I J. Winder, Esquire, and does represent as fiJlluws'
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I. The PlaintilTis EDWARD L, KlltUY, residing at 452 West Main Street, Walnut
I Bottom, South Newton Township, Cumllerland County. Pennsylvania.
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Ii New York.
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Ii 3. PlaintilTseeks custody of the following children: ERICA N, KIROY. born
II: June 29, 1992 and TYLER W. KIROY, born October 24, 1994.
! I The children were not born out of wedlock.
ii The children are presently in the custody of PlainlilT father, EDWARD L, KIROY,
'I' residing at 452 West Main Street, Walnut 0011011I, South Newton Township, Cumberland
I County, Pennsylvania.
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The Defendant is STACY L, KlltOY, residing at 11811 Shrader Road, Wayland.
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I ~ following persons and althe following addresses wilh father at 452 Weat Main Slreet, Walmll
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4.
During the past live years and since birth, the children have resided wilh Ihc
Boltom, Pennsylvania since August 30, 1997, with Iillher al 1419 Lindsay Lol Road,
Shippensburg, Pennsylvania, since June 01,1997, wilh both panies al452 West Main Slreet,
Walnut BOllom, Pennsylvania from birth until June 0 I, 1997
The mother of the children is STACY L. KIROY, currently residing al 11811
Shrader Road, Wayland, New York She is separated from father.
EDWARD L KIROY is Ihe natural father of both children residinll allhe address I
stated above.
s.
The relation~hip of Plaintilr to the children is that of natural father. PlaintilT
currently resides with the children and no other persons
6.
The relationship of the Defendanlto the children is that of natural molher The
Defendant currently resides with her boyfriend at 11811 Shrader Road, Wayland, New York
7.
PlaintilT has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another Coun.
PlaintilT has no information of a custody proceeding concerning the children
pending in a Coun of this Commonwealth.
I: PlaintilT does not know of a person nol a pany to the proceeding who has physical
'I custody of the children or claims to have custody or visitation rights with respect 10 the childrcn.
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I' awarding custody to the father who presently has physical custody of the children, is capable of
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The best interesls and pennanent wellare of Ihe children, will be served by
I, caring for Iheir best interest and permanent welfare, and has provided the children wilh a loving
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" 9. E.Qch parent whose parenlal rights 10 the children have not been terminated and the
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I person who has physical custody of the children have been named as parties to this action
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" WII EREFORE, PlaintilT requests this Honorable Court to granl custody of the children
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I! to him subject to reasonable rights of partial custody or visitation in the Defendant.
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Respectfully submilled,
Sally J. Winder, Esquire
Allorney for PlaintilT, EDWARD L. KIRBY
701 E King Street
Shipllen.burg PA 17157
(717) 531- 9476
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VERIFICATION
I verilY that the statemenls made in the loregoing Complaint are true and correct to the
!: best of my personal knowledge and belief I UlIllcrsland that false statements herein are madc
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subject to the penallies of 18 Pa. e.s. S-:clion 4904, relating to unsworn falsiliclIIionlo
authorities
Date:
EDWAIW L. KIROV
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SALLY J. WINDt:R
Attorney at Law
701 E, Kina Stred
Shippcn,bul', PA 112.57
DEe 1-1 t99~t;b
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I EDWARD L, KIRBY.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
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P1amtlll'
VI
CIVIL ACTION. LAW
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I STACY L. KIRBY,
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NUMBER: 17. t. t W CIVIL TERM
IN CUSTODY
Defendant
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ORDER OF COURT
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AND NOW, \ d I q ,1997, upon consideration of the attached Complaint
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" for Modification of Custody Order, it is hereby directed that the parties and their respective
: i counsel appear before ~'( \ 'f.. G\ \ (\).~, the Conciliator, at
: i'rc. 4~~' Crrk\\'('\l('.On. Ct1\De;-\Cl\ci.(C'>\'f"I~ en r\\,n l'-,{' . on the
dd- day of .m\..Xl~ 1998, at ..9' ~ () Ct m, for a Pre-Hearing Custody
Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
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I' cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter
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into a temporary Order. All children age five or oider may also be present at the conference.
I Failure to appear at the conference may provide grounds for entry ofa temporary or pennanent
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, Order.
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For the Court,
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il By: _T{H!)~-\: "1/.. ~nlr\C1 ,
: . Custody Conciliator ( -n::::.:) . a~ 0
! I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A T ONCE, IF YOU DO NOT
i I HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
,I OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6100
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EDWARD 1.. KIRDY,
I IN THE COURT 01" COMMON PI.[AS 01"
CUMBERLAND COUNTY
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PlaIntiff
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CIVIL ACl'ION . LA W
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NUMBER: 'l7-&t."v CIVIL TERM
! I STACY L. KIRBY,
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IN CUSTODY
Defendant
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i! COMES NOW, the Plaintiff, EDWARD 1.. KIRBY, by and through his attorney. SaUy
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i I J, Winder, E.qulre, and does represent as follows
I
COMPLAINT FOR CUSTODY
I I The Plaintiff is EDWARD L. KIRBY, residing at 452 West Main Street. Walnut
I i Bottom, South Newton Township, Cumberland County, PeMsylvania
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. 2 The Defendant is STACY L. KIRBY, residing at 11811 Shrader Road, Wayland.
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Plaintiff seeks custody of the following children ERICA N. KIRBY, born
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!: June 29,1992 and TYLER W, KIRBY, born October 24,1994.
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,! The children were not born out of wedlock
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The children are presently in the custody of Plaintiff father, EDWARD 1.. KIRBY,
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. , residing at 452 West Main Street, Walnut Bottom, South Newton Township, Cumberland
: I County, Pennsylvania.
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! following persons and at the following addresses: with father at 452 West Main Street, Walnut
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During the past five years and since birth, the children have resided with the
'I Bollom, Pennsylvania since August 30, 1997; with father at 1419 Lindsay Lot Road,
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II Shippensburg, Pennsylvania, since June 01, 1997; with both parties at 452 West Main Street,
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: I Walnut Bollom, Pennsylvania from birth until June 0 I, 1997.
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The mother of the children is STACY L. KIRBY, currently residing at 11811
I: Shrader Road, Wayland, New York. She is separated from father.
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EDWARD L. KIRBY is the natural father of both children residing at the address
stated above.
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i I 5. The relationship of Plain tilT to the children is that of natural father. PlaintilT
I! currently resides with the children and no other persons.
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I i 6. The relationship of the Defendant to the children is that of natural mother. The
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II Defendant currently resides with her boyfriend at 11811 Shrader Road, Wayland, New York.
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i I 7. PlaintilT has not participated as a party or witness, or in another Capacity, in other
! I litigation concerning the custody of the children in this or another Court.
i PlaintilT has no information of a custody proceeding concerning the children
pending in a Court of this Commonwealth.
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I ! PlaintilT does not know of a person not a party to the proceeding who baa pbyaical
'i custody of the children or claims to have custody or visitation rights with respect to the children.
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The best interests and permanent welfare of the children, will be served by
,. awarding custody to the father who presently has physical custody of the children, is capable of
" caring for their best interest and permanent welfare, and has provided the children with a loving
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I. and nurturing family since mother moved to New York to be with her boyfriend,
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Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
WHEREFORE, Plaintiff requests this Honorable Court to grant custody of the children
, to him subject to reasonable rights of partial custody or visitation in the Defendant.
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! : Respectfully submilled,
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inder, Esquire
Attorn for Plaintiff, EDWARD L. KIRBY
701 E KiDg Street
ShlppeDlburg PA 172S7
(717) S32 - 9476
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VERIFICATION
I verify that the statements made in the foregoing Complaint are tlUe and correct to the
I: best of my personal knowledge and belief I understand that false statements herein are made
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" subject to the penalties of 18 Pa. CS. Seclion 4904, relating to unsworn falsification to
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:1 Date: /1/ ZS;/97
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EDWARD L. KIRBY
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SALLY J, WINDER
Attorney a( Law
101 E. Kinll SUCC'I
ShippclIsbur.. IJA 111~7
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~ JAM Z . 1998
STACY L. KIRBY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:
:NO: 97-6600
:IN CUSTODY
EDWARD L. KIRBY,
Plaintiff
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COURT 0RDi:R
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AND NOW, this ;t'\. day of :r~'7II..)~ , 1998, upon
consideration of~tached Custody ConcilIation Report, it is
ordered and directed as follows,
1. This Court's Order of December 10, 1997, is vacated.
2. The Mother, Stacy L. Kirby, and the Father, Edward L. Kirby,
shall enjoy shared legal custody of Erica N. Kirby, born June
29, 1992; and Tyler W. Kirby, born October 24, 1994.
3. The Father shall enjoy primary physical custody of the minor
children.
4. The Mother shall enjoy periods of temporary physical custody
of the minor children as follows:
A. On alternating weekends from Friday when the Mother can
make arrangements to be in the Cumberland County area
until Sunday when the Mother needs to go back to New
York. This weeksnd period can be expanded if the Mother
is returning to New York on }fonday or comes down from New
York on Thursday.
B. At such other times as agreed upon by the parties.
5. The parties shall convene for a second Custody Conciliation
Conference on Thursday, May 14, 1998 at 8:30 a.m.
6. The above Order is a temporary Order entered by agreement of
the parties and shall not prejudice either party in the event
this case is litigated before the Court.
BYt(;~OURT eel J.
~.or.. E. _ ff.r
cc: Sally J. Winder, Esquire _ ~ ,...."....<.GA. ..1/3113.
Rebecca R. Hughes, Esquire ~f'.
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IIN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INOI 97-6600
IIN CUSTODY
EDWARD L. KIRBY,
Plaintiff
STACY L. KIRBY,
Defendant
Prior Judgel
George E. Hoffer
CONCILIATION CCJllTERENCJ: SVloHARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURB
1915.3-8(b), the undersigned Custody Conciliator submit. the
following reportl
1. The pertinent information pertaining to the children who are
the subject of this litigation is as followsl
Erica N. Kirby, born June 29, 1992; and Tyler W. Kirby, born
October 24, 1994.
2. A Conciliation Conference was held on January 22, 1998, with
the following individuals in attendancel
The Father, Edward L. Kirby, with his counsel, Sally J.
Winder, Esquire; and the Mother, Stacy L. Kirby, with her
counsel, Rebecca R. Hughes, Esquire.
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3. The parties agreed to the entry of an Order in the form as
attached.
. .
~AY 20 1998
EDWARD L. KIRBY,
Plaintiff
IIN THE COURT OF COMMON PLEAS OP
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INOI 97-6600
I IN CUS'l'ODY
V
STACY L. KIRBY,
Defendant
COURT ORDER
AND NOW, this 2c..' day of May, 1998, upon consideration of the
attached Custody ConcJliation Report, it is ordered and directed as
followsl
1. The prior orders entered in this case are vacated.
2. The Father, Edward L. Kirby, and the Mother, Stacy L. Kirby,
shall enjoy shared legal custody of Erica N. Kirby, born June
29, 1992; and Tyler W. Kirby, born October 24, 1994.
3. The Father shall enjoy primary physical custody of the minor
chJldren.
4. The Mother shall enjoy periods of temporary physical custody
of the minor children as followsl
A. During the school year, from Friday evening until Sunday,
for the remainder of May, Mother's alternating weekend
visitation shall continue to be exercised in Cumberland
County.
B. During the sununer month, custody shall be alternated
under the following schedulel Mother shall hal'!! custody
from May 30 until June 13, Father shall have custody from
June 13 until June 27, Mother shall have custody from
June 27 untJl July 11, Father shall have custody from
July 11 untJl July 25, Mother shall have custody from
July 25 until August 1, Father shall have custody from
August 1 until August 15, and Mother shall have custody
from August 15 until two days before school starts or
August 29, whichever is later.
C. Starting for the school year in September of 1998,
Mother's alternating weekends shall again continue with
the understanding that Mother at that time may at her
option take the children to her home in New York.
D. Unless different arrangements are made by the parties,
Mother shall handle transportation for exchange of
custody. Mother may designate the time as to when she
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",ill pick the children up on the period beginning custody
and the time on ",hen she ",ill drop the children off on
the day ending her custody in light of the fact that
Mother is handling all transportation.
s. The parties shall work between themselves to attempt to work
out an arrangement relative to sharing of holidays.
6.
In light of the fact that Mother is traveling from New fork to
vi.it with the children, FathRr is directed to work with the
Mother to arrange her weekend custody during the school year
to take place on the long weekends where thEl children may have
Friday or Monday off from school such that Mother will be
allowed an additional day to accommodate the lengthy travel
time.
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7.
Both parties shall keep the other parent advised with respsct
to all important issues concerning the children including but
not limited to educational issues and health issues.
Additionally, both parties shall enjoy reasonable telephone
access with the minor children when the children are in the
other parent's custody.
This Order is entered pursuant to an agreement reached by the
parties at a Custody Conciliation Conferenca. In the event
either party dssires to modify this Order, that party may
petition the Court to request that another Custody
Conciliation Conference be scheduled.
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8.
The parties may modify the above custody schedule as they
agree between themselves. However, absent any agreement, the
above Order shall control.
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Daniel ~. DeArment, Esquire
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IIN THE COURT OF COHHON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INOI 97-6600
IIN CUSTODY
EDWARD L. KIRBY,
Plaintiff
STACY L. KIRBY,
Defendant
Prior Judgel George E. Hoffer
CONCILIATION CONTJ:RENCE StJloK\RY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCBDUU
1915.3-B(b), the undersigned Custody Conciliator submits the
following reportl
1. The pertinent information pertaining to the children who are
the subject of this litigation is as followsl
Erica N. Kirby, born June 29, 1992; and Tyler W. Kirby, born
October 24, 1994.
2. A Conciliation Conference was held on May 14, 199B, with the
following individuals in attendancel
The Father, Edward L. Kirby, with his counsel, Sally J.
Winder, Esquire; and the Mother, Stacy L. Kirby, with her
counsel, Daniel W. DeArment, Esquire.
3. The parties agreed to the entry of an Order in the form .s
attached.
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EDWARD L, KIRBY,
RESPONDENT
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97-6600
STACY L. KIRBY,
PETITIONER
ORDER OF COURT
AND NOW,this ~ day of ~_, 19~, upon consideration of the attached
petition. it is hereby directed that the parties and their respective cOllnsel appear before \\.kx~r A 'X.
C')\'I~ Esquire, the conciliator, at it\r- L.\-I"i1 f\ I Cl<l~ k:0o _
('Q. (f1. .r~c... . on the ~day of Tu./LI ' 199f. at /'aI1t. M. fora Pre-Hearing
Custody Conference. At such conference. an effort will be made to resolve the issues in dispute; or if
this caMot 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 this conference may provide grounds for entry of a temporary or pennanent order.
By the Court,
( "T:D :')
YOU SHOULD 'fAKE 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,
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PeMsylvania 170\3
117-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reuonable
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 allend the scheduled conference or hearing.
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EDWARD L, KIRBY,
RESPONDENT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97-6600
STACY L, KIRBY,
PETITIONER
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes the petitioner, Stacy L. Kirby, by and through her llltomeys, Irwin,
McKnight & Hughes. Esquires, and tiles this Petition for Modification of Custody making the
following statement:
I. The petitioner, Stacy L. Kirby, is an adult individual residing at 11799 Shrader
Road, Wayland N.Y., 14572.
2. The respondent, Edward L. Kirby, is an adult individual residing at 452 West
Main Street, Walnut Bottom, Cumberland County, Pennsylvania.
3. On or about May 26, 1998, the parties entered into an agreement for custody of
their minor children, Erica N. Kirby, born June 29, 1992; and Tyler W. Kirby, born October 24,
1994. Attached as Exhibit "A" is a copy of said Agreement and Order of Court.
4. Since said Order of Court was signed. the respondent has not been cooperative
with the petitioner in sharing time with the minor children.
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5. Specifically, the respondent has refused to allow the petitioner's mother to pick up
the minor children in an effort to assist the petitioner in transporting the children.
6. [t is the belief of the petitioner that modification of this order is necessary to
maintain the best interest and permanent welfare of the minor children.
/>4',
WHEREFORE, the petitioner, Stacy L. Kirby, respectfully requests that the current
Custody Order be modified and that she obtain primary physical custody of the minor children.
r')
Respectfully submitted,
[RWIN, McKNIGHT & HUGHES
By:
Re ceea R, Hughes, Elqu
60 West Pomfret Street
Carlisle, PA 170\3
(717) 249-2353
Supreme Court J.D. No: 67212
-
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Attorney for the petitioner,
Stacy L. Kirby
Dated: May 16
.1999
f"
VERIFICA TION
The foregoing document is based upon infonnation which has been gathered from the
Petitioner, Stacy L. Kirby, in the preparation of the filing of the Petition for Modification of
Custody. The language of this document may in part be the language of counsel and not that of
the Plaintiff. To the elltent that the Petition is based upon infonnation which has been gathered
by counsel, it is true and correct to the best of the counsel's knowledge, infonnation and belief.
The RC'Spondent is presently out of the jurisdiction of the court, and the verification of the herein
named Respondent cannot be obtained within the time allowed for filing of the Petition. The
undersigned is verifYing on behalf of the Plaintiff according to 42 Pa.C.S.A. ~ 1024(c)(2). The
undersigned understands that false statements herein made are subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date: May )() . 1999
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STACY L. MILES
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
EDWARD L. KIRBY
: NO. 97.6600 CIVIL TERM
ORDER OF COu'RI
AND NOW, this 23RD day of JULY. 2004, upon review of the "Petition for
Emergency Relief' it is clear to the Court that no "emergency" exists. This matter shall
be scheduled for conciliation at the earliest practical date.
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Edward E. Guido, J.
~ L. Miles
11799 Schrader Road
Wayland, N,Y, 14572
Award L. Kirby
45 Gilbert Road
Shippensburg, Pa. 17257
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.\TACI'L AUI.ES.
Plalnllff
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:IN THE COURT OF CO.\l},ION PLEAS OF
CUMBERLAND COUN'fY, PENNSYLVANL~
C/17L ACTION - LA II'
NO: 97-6600
:IN CUSTODY
EDWARD L KiRBY,
Deftndant
PRJORJUDGE: GEORGE E. HOFFER
EMERGENCY PATlTION FOR PRIAl1Rf CUSTrlDf CIL~NGE
IN ACCORDANCE WITH THE CUMBERLAND COUNTY C111L RULE OF PROCEDURE.' 19/J.J.S(8), the undmlgned Custody
Potion .rubmlt.J tM following reporr.
I. The pertinent Information pertaining to the child who Is Ihe subject of this potion Is a.rfollows:
Erica N. Kirby, bom June 19, 1991.
2. Erica N. Kirby has requested to reside with her mother Stacy L. Miles III Waylal/d, NY.
J. Please sign our petitloll Erica has maJIY diflerelIl reasollsfor wallllllg to move asfollows:
She Is at the pollIl where she feels she lIeedv her mother
There are many more opportullltles for her belllg with her mother her falher wor/r.J 10llg hours
Alld does /lot haw the time for her to be 1/1 extra activities after school or to be Involved with
Church. There are mal/Y more that she would be able to tell YOII.
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IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-6600 CIVIL
IN CUSTODY
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EDWARD L. KIRBY,
Plaintiff
STACY L. KIRBY,
Defendant
COURT ORDER
AND NOW, this ZJ'" day of October, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
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2.
The Father, Edward L. Kirby, and the Mother, Stacy L. Kirby, shall enjoy shared
legal custody of Erica N. Kirby, born June 29, 1992; and Tyler W. Kirby, born
October 24, 1994.
I. This court's prior order of May 26, 1998 is vacated.
The Father shall enjci' primary physical custody of the minor children.
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3.
4.
The Mother shall enjoy periods of temporary physical custody of the minor children
as follows:
A. On alternating weekends from Friday at 5:00 p.m. until Sunday at
7:00 p.m. When Mother is not available because of her traveling
from New York, the maternal grandmother shall pick the children up
at the designated time. Where there is a long weekend and the
children have Friday and/or Monday off, Mother may designate that
weekend as her alternating weekend and modify the schedule as long
as she gives Father at least two (2) weeks notice. Father shall share
with the Mother the children's school schedule and Mother shall
advise Father as much in advance as possible as to what long
weekends she intends to exercise during the school year.
5, The parties shall share physical custody of the children during the summer months
under a schedule as agreed upon by the parties with the understanding being that the
custodial schedule shall be as close to 50/50 as possible. Father shall provide
Mother with a school calendar indicating when the children are out of school and
when the children go back to school.
6. The holidays shall be handled as follows:
A. For 1999, Mother shall enjoy Thanksgiving from 3:00 p.m. on
Thanksgiving Day through the following Monday.
....
B. Christmas shall be alternated each year. For 1999, the Mother shall
have custody of the minor children from noon on Christmas Eve
through noon on December 26111, Father shall enjoy the same time
frame the following year with the parties alternating.
C. The Easter holiday shall be alternated each year with the Father to
enjoy Easter of 2000. The time frame for the Mother when she has
Easter shall be from the afternoon when the children are released
from school on Easter week until Sunday evening at 7:00 p.m.
7, Mother shall enjoy her weekend of time with the children on Mother's Day weekend
and Father shall always have the children on the Father's Day weekend. This
provision shall supercede any other provision of this order.
8. Both parties shall keep the other party advised with respect to all important issues
concerning the children including but not limited to educational issues and health
issues. Additionally, both parties shall enjoy reasonable telephone access with the
minor children when the children are in the other parents custody.
9. This order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event either party desires to modify this order. that
party may petition the court to request that another Custody Conciliation Conference
be scheduled.
cc:
Sally Winder, Esquire
Mark D. Schwartz, Esquire
BY THE COURT,
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EDWARD L. KIRBY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-6600 CIVIL
IN CUSTODY
,
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STACY L. KIRBY,
Defendant
Prior Judge: Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
I 915,J-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Erica N. Kirby, born June 29, 1992; and Tyler W. Kirby, born October 24, 1994.
2. A Conciliation Conference was held on October 19, 1999, with the following individuals in
attendance:
The Father, Edward L. Kirby, with his counsel, Sally J. Winder, Esquire; and the Mother,
Stacy L. Kirby, with her counsel, Mark D. Schwartz, Esquire.
3. The parties agree to the entry of an order in the form as attached.
Hubert X. Gilroy, Esqui
Custody Conciliator
STACY L. MILES
PLAINTIFF
IN TIlE COURT OF COMMON PLEAS OF
CUMBERl.AND COUNTY, PENNSYl. VANIA
v.
97-6600 CIVIL ACfION LAW
EDWARD L. KIRBY
DEFENDANT
IN CUSTODY
ORDER OF COlJRT
AND NOW, Thursday, AUlult OS, 1004 . upon consideration of the attached Complaint.
it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq, , the conciliator,
at 4th Floor, Cumberland County Courthouse, Clrllsle on Thunday, AUlust 16, 1004 at 9:30 AM
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. All children aile 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.
The court hereby directs the parties to furnish any and all edstlng Protection from Abuse orders,
Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled bearlnl'
FOR TilE COURT.
By: '"
Hubert X. Gilrqy. Esq.
Custody Conciliator
mlK:
The Court of Common Pleas of Cumberland Couoly is required by law to comply with the
Americans with Disabilitcs 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 hcaring or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE TlIIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU 00 NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SlIT
FORTH BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,l'ennsylvania 17013
Telephone (717) 249-3166
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JUl 2 7 2004;
STACY L MILES
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
EDWARD L. KIRBY
: NO. 97.6600 CIVIL TERM
ORDER OF COURT
AND NOW, this 23RD day of JULY, 2004, upon revicw oflhe "Petition for
Emergency Rclier' it is clear to the Court that no "cmergency" exists. This matter shall
be schcdul.....IiIIMftIJ'I'1fe earliest practical date.
Edward E. Guido, J.
Stacy L. Miles
11799 Schrader Road
Wayland, N.Y. 14572
Edward L. Kirby
45 Gilbert Road
Shippensburg, Pa. 17257
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Plaintiff
S~2004
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
EDWARD L. KIRBY,
Defendant
NO, 97 - 6600
IN CUSTODY
COURT ORDER
AND NOW, this 2tJ' day of J''1',--W ,2004, upon consideration
of the attached Custody Conciliation report, it is ordered and directed that this Court's
prior order of October 21, 1999 is modified such that the father, Edward L. Kirby, sball
enjoy primary physical custody of Tyler W. Kirby, born October 24, 1994 and the mother,
Stacy L, Kirby, shall enjoy primary pbyslcal custody of Erica N, Kirby, born June 29, 1992,
In all other respects, the October 21, 1999 order shall remain in effect,
BY THE COURT,
cc: 4aCY L. Miles
11799 Schrader Road
Wayland, NY 14572
~\tard L. Kirby
45 Gilbert Road
SWppensburg, PA 17257
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IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
STACY I.. MILES,
Plain tiff
t:DWARD L, KIRBY,
Defendant
NO, 97 . 6600
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915,3-8(b), the undersigned Custody Conciliator submits the following
report:
The Conciliator spoke with the mother, Stacy L, Kirby via telephone conference at
the time of the scheduled conciliation, The father did not attend, Based upon the
representations made by the mother, the Conciliator recommends an order In the form as
attached,
DATE