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HomeMy WebLinkAbout99-07248 ?e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVI L ACTION - LAW CHRISTOPHER M. LINDQUIST, Plaintiff vs. NORA ELIZABETH BUMGARDNER, Defendant IN RE: MITCHELL RYAN KINSINGER, minor child ORDER OF COURT (MISC.) You, NORA ELIZABETH BUMGARDNER, have been sued in Court to obtain shared legal and partial physical custody of the minor child, Mitchell Ryan Kinsinger. You are ordered to appear in person at the Cumberland County Courthouse, G's •,.. , Carlisle, Pennsylvania, on • rt (1 `1 at 1r o o'clock M. for ,/ a conciliation or mediation conference a pre-trial conference a hearing before the Court 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NO. - 99 ^ II ' 1 la -l!! 9v lc em -2:? 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 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 seventy two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. BY THE COURT: ??1U?1O? ? a i?n , DATE: I? I %clcl ?? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVI L ACTION - LAW CHRISTOPHER M. LINDQUIST, ) Plaintiff ) vs. ) NO. NORA ELIZABETH BUMGARDNER, ) Defendant ) IN RE: MITCHELL RYAN KINSINGER, ) minor child ) - 99 - -7d Yd' dl'. zL' (MISC.) COMPLAINT FOR SHARED LEGAL AND PARTIAL PHYSICAL CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff is CHRISTOPHER M. LINDQUIST and the Defendant is NORA ELIZABETH BUMGARDNER. 2. The Plaintiff is a United States citizen and resides at RD #1, Box G-396, Lock Haven, Clinton County, Pennsylvania. 3. The Defendant is a citizen of the United States and currently resides at 519 West Cumberland Road, Enola, Cumberland County, Pennsylvania. 4. Plaintiff seeks shared legal and partial physical custody of the following child: (a) Mitchell Ryan Kinsinger, born June 1, 1992, currently residing at 519 West Cumberland Road, Enola, Cumberland County, Pennsylvania. (b) The child was born out of wedlock. (c) The child is presently residing with his natural mother, NORA ELIZABETH BUMGARDNER. (d) The child has resided with the following persons and at the following addresses over the last five (5) years: NAME LOCATION DATES Nora Elizabeth Bumgardner, her husband and husband's parents Nora Elizabeth Bumgardner and her parents Enola, PA 35 Sugar Maple Dr Etters, PA 1996 to Present 1994 -1996 (e) The mother of the child is NORA ELIZABETH BUMGARDNER residing at 519 West Cumberland Road, Enola, Cumberland County, Pennsylvania. She is currently married. (5) The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with his parents. (6) The relationship of Defendant to the child is that of mother. The Defendant currently resides with her husband. (7) The Plaintiff further states that: (a) He has not participated (as a party, witness, or in any other capacity) in any other litigation concerning the custody of the said child in this or any other state; (b) He has no knowledge or information of any other custody proceedings concerning the said minor child pending in a Court of this or any other state; (c) He has no knowledge of any person not a party to these proceedings who has physical custody of the said child or claims to have primary physical custody or primary visitation rights with respect to the said child. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as a party to this action. 9. The best interest and permanent welfare of the child would be served by awarding Plaintiff shared legal and partial physical custody of the minor child. WHEREFORE, Plaintiff respectfully requests your Honorable Court to award Plaintiff shared legal and partial physical custody of the minor child, Mitchell Ryan Kinsinger. McKNIGHT, O'CONNOR & SALISBURY Robert D. Connor, Jr., ire Attorney for Plaintiff 334 East Water Street Lock Haven, PA 17745 (570) 748-9666 Attorney I.D. No. 28023 mi. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CLINTON SS: CHRISTOPHER M. LINDQUIST, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. ?T CL'-" ?4 Christoph rM. Lindquist, sworn to and subscribed 4efore me this '? ,-day of l I)VeMb V ..1999. Notary Public My commission expires: Notarlel Seal Lock H en In c, C?,ountyIic My Commission Expires May 30, 2002 a ? [? N t•= l, C . ?. ? f M f U. C7 C:1 U1 J C.J ? ? ? 1\ 4 [.r i 1 i IN THE COURT OF COMMON CPLEAS [VI LOCTIO B RLAND COUNTY PENNSYLVANIA CHRISTOPHER M. LINDQUIST, ) Plaintiff ) ) VS. ) NO. 99 - 7248 CIVIL NORA ELIZABETH BUMGARDNER, ) (MISC.) Defendant ) ) IN RE: MITCHELL RYAN KINSiNGER, ) minor child ) CERTIFICATE OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF CLINTON ROBERT D. O' CONNOR, JR., Esquire, being duly sworn according to law, deposes and says that he mailed by Certified Mail, Return Receipt Requested, Restricted Delivery, No. Z 414 422 190, a true and correct copy of the Complaint For Shared Legal and Partial Physical Custody together with the Order of Court scheduling the same, to Nora Elizabeth Bumgardner, on December 17,1999, as indicated by the Return Receipt signed by Addressee on December 18, 1999, and attached hereto. McKNIGHT, O'CONNOR & S ISBURY f: BY Robert D. O'Connor, Jr., Esquire 334 East Water Street Lock Haven, PA 17745 (570) 748-9666 Sworn to and subscribed before me this 21st day?///of December, 999: G?c oL? ` ILIA Notary Public =Hn Brenda ounty Public y 30, 2002 ldlaoey wnleld opsawo4 szzo-e-66-S66Z61 466 L lo4womc) L L9E uuod Sd N? .'S I F puo polsonbel (.Qu-) sselpptl s,easselpptl'8 (eweNluud): gpanla K Jan!lad to MCI 'L n I l oo? BSIpue4meW lol ldlepetl wnlotl? 5TQU ?? ?IQ J c pelnsulO Ileyl ssald» ? M ?Uro?aa?vNrr? • I pelliyoold VI 'tSlBay ? 01 adt1aolNOS•ar 11?,1?J0U m; .Z a?Upa?6?, p :ol passalpptl Ololptl'E n' x O l ?• `' / i l84 i N BIOIUV'eb niou wu 0lw 0, m BIBp B41 pUB pBIaNIBp 90M Bp,Us 041 WOW O1 MB496!M ldl-ed WniBtl a m, Jgq=U BplVV a4l moloq amIdpw B41 uo•polswbod ldOetl wnlotl. aluM 13 I?uBOO 2 A QAIIeQ POIopISOH A'L INl soop mods 11 M3B0641 w 1o'WB1dlRw 04110 luxe B4101=01 sM WURV ?. SSOJ SpossaiPPtl ? ' L n6A of pi" o PPtl aM wnl6l m ea. Ielll m uuBieM to 0-8- O4l w ssmppu WS owsu MOA lwd m ps puo'es'E Swots ololdump :(Gal Blpte tn3l0l) senlNOS Sul .trowes Nuo4elpv q a lolpus L swe11 elaldupp -N t13aN3S -mollol e4l enlaow 01 LISM oela I '?y ,- ?,r-_. ,- ?: ,?.? L .?- ;? ?_,. `,, ..i 3 -? ;: ;, . :•. .:_ .:u _ :ia.. i. -- _? (? JAN 2 0 20% .., CHRISTOPHER M. LINDQUIST, IN T14E COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NORA E. BUMGARDNER, NO. 99-7248 CIVIL Defendant IN CUSTODY l? COURT ORDER AND NOW, this Zs-? day of January, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The Father, Christopher M. Lindquist, and the Mother, Nora E. Bumgardner, shall enjoy shared legal custody of Mitchell Ryan Kissinger, born June 1, 1992. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy temporary physical custody of the minor child as follows: A. One weekend per month during the school year from Friday between 3:00 p.m. and 5:00 p.m. with a return time on Sunday afternoon between 3:00 p.m. and 5:00 p.m. B. Three (3) non-consecutive weeks during the summer months with the Father to exercise one non-consecutive week for each month of June, July, and August. Father shall provide notice on or before May I" as to when he shall exercise these weeks and the week selected shall not interfere with holidays otherwise to be exercised by the parties. 4. The major holidays of Thanksgiving, Easter, Memorial Day, Fourth of July and Labor Day will be alternated between the parties with the understanding that Father's exercise of his one weekend per month would coincide with the holiday that he is to receive. With respect to the holidays of Thanksgiving, Memorial Day and Labor Day, Father's privileges would be extended through the end of the holiday or, in the case of Thanksgiving, from the day of Thanksgiving through Sunday. With respect to Thanksgiving, pick up time would be in the morning and as to Memorial Day and Labor Day the pick up time would be the preceding Friday between 3:00 p.m. and 5:00 p.m. However, the return time for Memorial Day and Labor Day would be between.6 ;00 p.m. - 8:00 p.m. Father shall have Easter 2000. 20 5. The Father shall have additional time with the minor child around the Christmas holiday at such times as agreed upon by the parties. 6. Father shall assume all transportation with respect to exchange of custody. Additionally, Father shall always be present during the exchange of custody. The standard conditions regarding shared custody and partial custody as set for the in the attached Exhibit "A" shall be incorporated in this order. 8. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify this order by their own agreement. Absent an agreement, the parties shall follow this order. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled for a conference with the Custody Conciliator. cc: Donald B. Owen, Esquire 708A North Front Street P.O. Box 416 Wormleysburg, PA 17043 Robert D. O'Conner, Jr., Esquire McKnight, O'Connor & Salisbury 334 East Water Street Lock Haven, PA 17745 BY THE C Wt-17ZOZ-7 OURT, / C. J. RK9 CHRISTOPHER M. LINDQUIST, Plaintiff v NORA E. BUMGARDNER, Defendant Prior Judge: M THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7248 CIVIL 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 pertinent information pertaining to the child who is the subject of this litigation is as follows: Mitchell Ryan Kissinger, bom June 1, 1992. 2. A Conciliation Conference was held on January 7, 2000, with the following individuals in attendance: The Father, Christopher M. Lindquist, with his counsel, Robert S. O'Conner, Jr., Esquire; and the Mother, Nora E. Bumgardner, with her counsel, Donald B. Owen, Esquire. 3. The parties agree to the entry of an order in the form as attached. 11g loo 0 -,7 D TE Hubert X. Gilroy, Esquire Custody Conciliator STANDARD CONDITIONS REGARDING AL SHARED CUSTODY ORDERS- August 1, 1999 Access to Records. Both parents shall have full access to all relevant medical, dental, psychological, educational, or religious records. Each parent may obtain such records directly from the provider without the other parent's consent. not easily inable obt by t Ps Ashall ny schooledistrict each other with which theaChildrenr attend shall provide both parentsher parent. identical information. Decision-making. ision-mking. Both parents shall use their best efforts to engage in joint decision-making with respect to the Children. Parents shall consult with each ns, transfer other , ai ti patiorn inalextra-curoricular schooloactivities, partic pations nhnon- curriculumulum p school lessons or structured non-school activities or organizations, participation in summer camps, and similar activities. If the parents are unable to reach an agreement, they shall exchange written proposals, including explanations of their positions, after which they shall meet and discuss their positions in person. If they still cannot resolve their differences, the Court will, upon written request, schedule a hearing. Conflict in Partial Custody Orders. In the event certain provisions in a Partial Custody Order are inconsistent, the provisions ordered by the Court concerning specific holidays shall supersede provisions concerning weekends and mid-week visits; provisions concerning vacations shall supersede provisions dial parent concerning weekends and mid-week visits except that the non-custo must include a scheduled.weekend in any Implementation. n?• In implementing the Custody Order, both parents h the shall be flexible and opriate, the shall give interest, shall consult rega d to the Children'sltleg t mate Children where apppprP wishes and needs. Both parents shall use their best efforts in presenting a unite front to the Children and in shielding the Children from an a Both reness of their use parents' discussions and differences as to decision-making. parents shall , and their best efforts to insure that out the intent extended families the Custody u Behold ,v1GNAm WILLIAMSON members cooperate in carrying and spit of O. 111.1 01 1114140H A parent shall encourage the Children in the exercise of the other jpp14` TLf?/ I,TM JUDICIAL DI,TIIICT parent's partial custody rights and shall have the Children ready and properly appropriate times. In the event a parent chooses not to 01 194HIVLVANIA eAvee ?? VIIN. PA mm clothed and fed at the that parent shall provide ` 11 exercise partial custody rights on a given occasion, •_DCK ommilk It I) easonable advance notice of the decision to reduce or eliminate such a partial d Ii ustody peso . major Maio_ L . Both parents shall be notified of and invited awards ;vents in the Children's lives,'nthe Childrennand siite to, milar a xraacurricular acti hies. presentations, performances by The custodial parent has a special obligation to assure such notice. I T t Illness Accidents and other Emergencies. Ea ah o reducationalpromptly notify the other of any serious accident or illness or any 9 , both parent emergency involving the Children. If visit 'Iwith the Childe regardless of any custody parents and/or any grandparents may schedule. If a Child is taking medication, that medication or a prescription for the lance and insurance documentslal parent shall medication shall be made of availabl to each parent. The i i be provided copies n other arent must notify the 0th r osl of any ohangetof resident al or work address ortelephone twenty-four (24) hour ring periods when the Children will be away from home for more than number. During has physical an overnight shall notify the othervparent of the travel and custody lodof the g rig Ptans,hildren a during method of that period contacting the Children during` si Y'n9and the identity of the persons with whom the Children will be traveling o Behavior Around Children. Neither parent shall use illegal drugs, rugs o of alcoh , or be the consume ex es i others to do so in t a presencenof the Chi d en.eNeither parent alcohol or permit transporting the Children while the parent is under the shall operate a vehicle ts when being transported 'inrvehiclessing influence of drugs or alcohol. Both paren appropriate seat belts or child safety either by that parent or by another person on that parent's behalf. TOO hone Contact. The parent out of custody shall be entitled to telephone contact Such I di al no telephone contact with tlheoustodial parent. In the event of long ren will be when the monitored by or interrupted by times for assuring distance calls, calls, agree on hall be responsiblChild available to o receive the Children, presence at the telephone. love MICHAEL W ILLIATA-Q. ;port. ?uocc dOVIT 0I COMMON ILLL[ :IIN lVO1.ILl OI[TN,CT OI ITN41TLV 1NIA COV11T MOV /[ -.0<K HAVCH. FA 19TCD