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Home My WebLink About01-05502.x SANDRA L. KIRBY IN THE COURT OF COMMON PLEAS OF PLAINTIFF , CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5502 CIVIL ACTION LAW DAVID R. KIItBY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 03, 2001 ,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, Carlisle on Thursday, November 08, 2001 at 9:30 AM for aPre-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/ Hubert X. Gilroy Esq~ Custody Conciliator The Court of Common Pleas of Cumberland County is required bylaw 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~~~ bt~vu~tus~1t~i~~ ,~~n~no^ ~,; ; ;,~~,~°,v~n~ i ~ ~~ x'« ~- l;~ll ~ ra ~~ I HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 28920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SANDRA L. KIRBY, v. DAVID R. KIRBY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 - ~~~ CIVIL TERM IN CUSTODY ORDER OF COURT NOW, this day of , 2001, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2001, at . M. for aPre- 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. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE 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 Plaintiff Defenaiant 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 SANDRA L. KIRBY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND'COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW DAVID R. KIRBY, : NO. 01 - J~S~. CIVIL TERM Defenalant : IN CUSTODY PETITIOttI FOR CUSTODY NOW comes the plaintiff, Sandra L. Kirby, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Sandra L. Kirby, an adult individual residing at 64 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is David R. Kirby, an adult individual residing at 249 High Street, Abbottstown, Adams County, Pennsylvania 17301. 3. The parties are the parents of two minor children, namely Michael D. Kirby (born January 7, 1991, age 10 years) and Christina L. Kirby (born November 17, 1993, age 7). 4. The children resided with the parties from the time of their birth until July 1, 1998, when the parties separated. From July 1, 1998 through about April 27, 1999, the children lived with the plaintiff. Since that time, the children have lived with defendant. 5. Since the time the children began living with the defendant, the plaintiff enjoyed partial physical custody of the children every~eekend, pursuant to an agreement between the parties. d~~ 6. However, since the weekend of July 14, 2001, the defendant has, without cause, refused all contact between the plaintiff and the children, including personal and phone contact. 7. Plaintiff 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 court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. Plaintiff believes and therefor avers that the best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that plaintiff have primary physical custody of the parties' daughter, Christina, that the defendant have primary physical custody of the parties' son, Michael, and that the parties have temporary physical custody of the child not in their primary physical custody on alternating weekends so that the children are together every weekend. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. -~~~~~2001 HAROLD S. IRWIN, II Attorney for plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717)243-6090 Suprerroe Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,2001 NDRA L. KIRBY n o T ~ ~=r~ ~ - g ~, _ ,~ ~ ~_. ,_ _ c: ~t c o w ---o ; Vi ~ ~ ~ ~, =" ` ' -~ ~ ~ , --~ K A CS1 ~ a N ~i ~` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA L. KIRBY, Plaintiff No, 01-5502 Vs. . DAVID R. KIRBY, Civil Term in Custody Defendant PRELIMINARY OBJECTION - I~TION FOR CHANGE OF VENUE COME3 NOW the Defendant, DAVID R. KIRBY, by and through his attorney, Barbara Jo Entwistle, Esquire, and files this Preliminary Objection - Motion for Change of Venue, and for reason therefore states as follows: 1. The Petition far Custody filed on or about September 21, 2001 alleges than the Plaintiff, Sandra L. Kirby, is a resident of Cumberland County, Pennsylvania. 2. The Petition for Gustody further states that the Defendant, David R. Kirby, is a resident of Adams County, Pennsylvania. 3. The Petition for Custody further states that the residence of the children has been with the Defendant in Abbottstown, Adams County, Pennsylvania since April, 1999, a period of two and a half (2-1l2) years. .. .. 4. The Defendant specifically avers that he has resided at 249 High Street, Abbottstown, Adams County, Pennsylvania since 1996. 5. Pennsylvania Rule of Civil Procedure 1915.2 specifically gzovides that a custody action `...may be brought within any county (1)(i) which is the home county of the child at the time of ccmm~encsement of the proceeding; or (1)(ii) which had been the child's home county within six (6) months before commencement of the proceedings and the Child is absent from the county because of the child's removal or retention by a person claiming the child's custody or Far other reasons and a parent or person eating as parent continues to live in the county..." b. The instant petition acknowledges that the children have resided with the Defendant in Adams County since at least April 29, 1999. 7. Defendant objects to venue in Cumberland County as being in violation of the rules and an inconvenient forum. WHEREFORE, Defendant respectfully requests that this Preliminary Objection be granted and that this matter be ... .. _..._.. ~ _ ...~. :._. v....., ... ,.,~ i dv34 f ~ dismissed, or alternatively, that the matter be transferred to Adams County, Pennsylvania, where the children currently reside. Respectfully submitted, PYLE AND ENTWYSTLE BY~ Barbara J ntwistle, Esquire Attorney t r Defendant 25 South Washington Street Gettysburg, PA 17325 {717) 3346761 Supreme Court I.D. No. 41906 .. :. VFRIFIGATION STATEMENT I verify that the statements made in the foregoing document are true and correct to the beat of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.G.B. section 4904 relating to unsworn falsification to authorities. Date: 1(~ IG OI 51~ >~ ~, ~j,,~, DA~I-D-R. KIRBY~ Defe t ~,_ CERTIFICATE pF SERVICE I hereby certify that on tlxe ~~ day of October, 2001, a copy of the foregping Preliminary Objection - Motion for Change of Venue was served upon the following individual by first class mail, postage pregaid: Harold 5. Irwin, II2, Esquire 35 East High Street Carlisle, Pennsylvania 17013 Barbara J Entwistle, Esquire i i ~; ~~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) SANDRA L. KIRBY, vs. DAVID R. KIRBY, (Plaintiff) (Defendant) ~- nl Civil SSn~ 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to cunplaint, etc.): Preliminary Objection - Motion for Change of Venue 2. Identify counsel who will argue case: (a) for plaintiff: Address: (b) for defendant: Address: Harold S. Irwin, Esauire 35 East High Street Carlisle, PA 17013 Barbara Jo Entwistle, Esquire 25 South Washington Street Gettysburg, PA 17325 3. I will notify all parties in writing within two days that this case has been Listed for argunent. 4. Argument Court Date: December 12, 2001 ~-~ ~~~ - i7ated: 10/26/01 torney r Defendant CERTIFICATE OF SERVICE I~ i hereby certify that on the ~(9 day of October, 2001, a copy of the foregoing Praecipe for Listing Case for Argument was served upon the following individual by first class mail, postage prepaid: Harold S. Irwin, III, Esquire 35 East High Street Carlisle, Pennsylvania 17013 ~ r ~~ arbara J ntwistle, Esquire _ _ c ~1 _ ~ _a -t; {-, W U ~~ - ~. C... ~ li .. _-j __ ~ ca =< ~` ~ ~..~ ~,~ ~ A `a IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LF,N SANDRA L. KIRBY, Plaintiff vs. DAVID R. KIRBY, Defendant No. 01-5502 Action in Custody CONSENT ORDER NOV 3 A 200 ~ Upon consideration of the attached Consent Agreement, it i,s this ~'y day of _~~~~ , 2001 ORDERED, that the instant case be transferred to the Court of Common Pleas of Adams County, Pennsylvania for litigation and Disposition in the case of Sandra L. Kirby vs. David R. Kirby, Adams County case ik01-S-1194; and it is further ORDERED, that the Preliminary Objection - Motion for Change of Venue is hereby rendered moot by virtue of the Consent Agreement and the matter now scheduled for December 12, 2001 argument court is canceled. / °___ " ~z-~~a- BY THE COURT: .~~ s. .. _ F^MN~#I~i~=Z e, x~n ~_ e ..r4..a=:41 ~arP"s.-~ rv --s.-..._._,. .,..~ .rv ~]i3 wvn ~ I.<i:Hn?~$~~)~~1""~i ~" 9 u. 4 i' r 9 .. .. ~ ~7~f :.~~~.,~,r. .._ :~ J.:.,~ f`~i '~j'p_ (='( ~ L;. Nov-14-O1 O3:39A Pyle & Enwistle 717+334+7447 p.p2 .~ IN THE COURT OF CUN~ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA61 SANDRA L. KIRBY, Plaintiff No. 01-5502 vs. DAVID R. KIRBY, Action in Custody Defendant CONSENT AGREEMENT TO TRANSFER VENUE COMES NOA the Plaintiff,-SANDRA L. KIRSY, by and through her attorney, Harold S. Irwin, III, Esquire, and the Defendant, DAVID R. KIRBY, by and through his attorney, Barbara Jo Entwistle, Esquire, who, pursuant to negotiations, do now consent to the transfer of the instant case to the Court of Coamnon Pleas of Adams County, Pennsylvania for litigation and disposition in the case of Sandra L. Kirby va. David R. Kirby, Adams County case M01-S-1194 and ra~~oats that the following Consent Order be signed at the Court's earliest convenience. Both parties farther request that this Court cancel the Preliminary Objections - Motion far Change of Venue previously filed kry the Defendant and now scheduled for argument Court on December 12, 2001. submitted, Attorney for Pla ntif narnara ~Ya l+e~i.Maa ~+v, Attorney for Defendant ', ,`,., ~, c> c:v .~ ~~~. -, =~ S "~ '~ ~ NOV 13 2001t~' SANDRA L. HIRBY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW DAVID R. HIRBY, NO. O1-5502 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this /a day of November, 2001, the conciliator being advised that the parties have voluntarily transferred this case to Adams County, the conciliator relinquishes jurisdiction. BY THE COURT, I-Tubert X. Milroy, Esquire Custody Conciliator -, Q~