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Home My WebLink About03-1210CAMINE CHIAL COGLEY, Plaintiff MICHAEL DWAYNE GARDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, Camine Chial Cogley, by and through his counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who currently resides at 408 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Michael Dwayne Gardner, hereinafter referred to as the father, who currently resides at 485 Plantation Road, Orrtanna, Adams County Pennsylvania. 3. The plaintiff is the biological father of the two children, Catie Gardner, born on March 2, 1995 and Emilee Gardner, born on October 2, 1996. 4. The mother has filed a Complaint for Custody contemporaneously with the filing of this Petition for Special Relief and has requested that a Conciliation Conference be scheduled. 5. It is in the child's best interest to be in the custody of the mother for reasons including the following: a) The mother has provided solely for the children since Spring 1999, except for sporadic contact by the father of approximately three days each year. The mother is the person who can best provide for the children. b) On March 1, 2003, the father came unannounced to the birthday party of the older child, Catie, and attempted to take the child from the party without the mother's permission. c) On December 25, 2002, in spite of the fact that the mother informed the father over the telephone that he could not take the children due to the dangerous conditions caused by the ice and snow, the father went to the mother's house, banged on the door, and demanded that she send the children out, causing her to fear for herself and the safety of the children. The mother reiterated her concerns regarding the dangerous weather conditions and explained that she had cancelled the plans she had make to take the children to her family's because of the dangerous weather conditions. The mother again offered that the father have the children on Friday at~er Christmas. The father continued his pattern of enraged and irrational behavior, and refused to leave, yelled at the children, and told Emilee, the youngest child, to "jump out the window," further traumatizing the children. d) On November 9, 2002, the father and his present girlfriend were involved in a physical altercation, including punching and throwing the other across the room, in front of the children, causing them to fear returning to visit their father. e) In or around the second week of March, the father discovered where the children go to school, and went to school asking about their schedule. The counselor had concerns and contacted the mother. This incident exacerbated the mother's fear that the father intended to remove the children from school. In or around 1996, the father took the children from the mother and refused to return them for two (2) days. The mother was not able to contact the father or the children during that time. Because of the father's history of irrational behavior and his recent behavior (5b through e above), the mother fears that the father will take the children and not return them. g) Without this court's intervention, the children are at risk of irreparable harm. 6. The mother fears for the children's well being because of the father's irrational behavior and requests that the court enter a Temporary Custody Order granting her primary physical and legal custody of his children. WHEREFORE, Plaintiff/petitioner requests that the court enter a Temporary Custody Order granting her primary physical and legal custody, and ordering any other relief this Court deems just and proper. Respectfully submitted, MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION I, Camine Chial Cogley, verify that I am the Plaintiff/Petitioner as designated in the present action and that the facts and statements contained in the above Petition For Special Relief are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: .~/~///~,ff ~/3~ ~ ~~ Camine Chial Cogley ~/ ~ CAMINE CHIAL COGLEY, Plaintiff MICHAEL DWAYNE GARDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-I2]C) CIVIL TERM CUSTODY PRAECIPE TO PROCEED 1N FORMA PAUPERIS To the Prothonotary: Kindly allow, Camine Chial Cogley, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CAMINE CHIAL COGLEY, Plaintiff MICHAEL DWAYNE GARDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- I~10 CUSTODY CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this ! q ' day of March 2003, upon consideration of the Petition For Special Relief, the following order is entered regarding the custody of Catie Gardner, date of birth, March 2, 1995 and Emilee Gardner, date of birth, October 2, 1996. Plaintiff, Camine Chial Cogley, shall have primary physical and legal custody of the children. 2. Defendant, Michael Dwayne Gardner, shall have visitation at times and places agreed upon by the parties. 3. The Defendant shall not remove the children from Cumberland County, Pennsylvania, and from this Court's jurisdiction. 4. The police are directed to enforce this Order. This order shall remain in effect pending further order of Court. By the Court, Jo Joan Carey, Attorney for Plaintiff ~//~,~ Michael Dwayne Gardner, Defendant pro se CAMINE CHIAL COGLEY PLAINTIFF MICHAEL DWAYNE GARDNER DEFENDANT IN 'I]-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1210 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 08, 2003 at 10:30 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 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Ve:rney, , Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is reqmred by law to comply with the Americans with Disabilites 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 32 South Bedford Street Carlisle, Pennsylvania 1'7013 Telephone (717) 249-2; 166 CAMINE CHIAL COGLEY, Plaintiff Vo : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-1210 CIVIL TERM MICHAEL DWAYNE GARDNER: CIVIL ACTION - LAW Defendant : : IN CUSTODY 2 2003 ORDER OF COURT AND NOW, this 2nd day of December, 2003, the Conciliator having held jurisdiction open longer than seven months without receiving a request for a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ac~eiine M. Vemey, Esquire, ~stody Conciliator