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HomeMy WebLinkAbout03-3848 MICHAEL S. GARDNER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.<>3-3EI,/Y CIVIL TERM PAMELA J. GARDNER, Defendant CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Michael S. Gardner, by and through his attorney, G. Patrick O'Connor, Esquire, files a Complaint and petitions for shared legal custody and shared physical custody, of which the following is a statement: 1. Plaintiff is Michael S. Gardner, father, who currently resides at 232 W. Locust Street, Apartment A, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant is Pamela J. Gardner, mother, who currently resides at 50 I Elmwood Avenue, Apartment A, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant seeks shared physical custody of the following child/children: Name Tyler Michael Gardner Present Address 501 E. Elmwood Avenue Apartment A Mechanicsburg, PA 17055 Age 5 years 4. The child was born out of wedlock. 5. The child has been in the primary physical custody ofthe father and mother until separation of the parents on May 1,2003. Since separation, the child has been in the primary physical custody of the mother. 6. During the past five years, the child has resided with the following persons at the following addresses: Name Michael S. Gardner, Plaintiff Pamela J. Gardner, Defendant Amber E. Kennedy, Defendant's daughter Michael S. Gardner, Plaintiff Pamela J. Gardner, Defendant Amber E. Kennedy, Defendant's daughter Gary Bruch, Sr., Defendant's father Elenor Bruch, Defendant's mother Michael S. Gardner, Plaintiff Pamela J. Gardner, Defendant Amber E. Kennedy, Defendant's daughter Pamela J. Gardner, Defendant Dan (last name unknown), Boyfriend Amber E. Kennedy, Defendant's daughter Address 212 E. Main Street Apartment B Mechanicsburg,PA Date Birth -- 10/31/98 RD#2 Duncannon, PA 10/31/98 -- 12/1/98 SOl E. Elmwood Avenue Apartment A Mechanicsburg,PA 12/1/98 -- 5/1/03 SOl E. Elmwood Avenue Apartment A Mechanicsburg,PA 5/1/03 -- present The mother of the child is Pamela 1. Gardner, currently residing at SOl E. Elmwood Avenue, Apartment A, Mechanicsburg, PA. She is married, but separated. The father of the child is Michael S. Gardner, currently residing at 232 W. Locust Street, Apartment A, Mechanicsburg, PA. He is married, but separated. 7. The relationship of Plaintiff to the child is that off ather. The Plaintiff currently lives alone. 8. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Dan (last name unknown) Amber E. Kennedy Relationship Mother's boyfriend Defendant's daughter 9. The parties have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare ofthe child will be served by granting the relief sought because: (a) Father desires and is able to continue to provide a loving relationship with his child through a shared legal and physical custody arrangement.. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting shared legal and physical custody of the minor child, Tyler Michael Gardner, to the father. Respectfully submitted: I . Dated: ~~3 By: It:l~{/tht~ G. ~~~'connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney LD. #64720 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certifY that I am the attorney for the Plaintiff and that the information contained in the herein Complaint is based on information give to me by the Plaintiff and is true and accurate to the best of my knowledge, information and belief. 1(&;,1 f74/~ . Patrick O'Connor, Esquire DATE: Y/~;3 CERTIFICATE OF SERVICE 1 hereby certify that 1 have, this day, served the herein Custody Complaint to the party indicated below by depositing same in the United States mail, postage prepaid, and in accordance with the Pennsylvania Rules of Civil Procedure, at Camp Hill, Pennsylvania: Pamela J. Gardner 501 E. Elmwood Avenue Apartment A Mechanicsburg, PA 17055 DATE: 'if /8' /t>3 ~~~L~~~ / G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaintiff ~~ t~ ~ ~ ~ '\ \ ~' , 'Z. fD 1:0 0 't'J V ~ ~ ~\ fs ~ .f'\, \~ , ~ \ ~ ~ o r:~ cET'~ ~. . {,; . . ~, Do . -'- .J , ( --~ '----' (') ;-1 ,{: MICHAEL S. GARDNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3848 CIVIL ACTION LAW PAMELA J. GARDNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 13, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, fA 17043 on Tuesday, September 16, 2003 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wiU be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. AU 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 bearinl(. FOR TIlE COURT. By: /s/ Melissa P. Greev.y. Esq. Custody Conciliator v The Court of Common Pleas of Cumberland County is requi.red 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 ATTORJ\[EY AT ONCE. IF YOU DO NOT HA VB 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 17013 Telephone (717) 249..3166 ~'p~_~~? a;.t:/~ --*;t? /.p~1;o9t1' ~p; CoI/.ft ~/C7 ~~ ~~.~ t(/'E:/p VINV!i1,\SNN3d It \ I""'""'~-' ,'-~'. '../"Y ~-".~'Hn" '_Li':! I ,',I '; ""I-.-_",~!'t V 3':i :z :ij S I ;;il!J SO ;]) 1;:; Plaintiff Qel 0 9 2003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 03-3848 CIVIL TERM CIVIL ACTION - LAW .::L S. GARDNER, v. IN CUSTODY PAMELA J. GARDNER. Defendant ORDER OF COURT AND NOW, th;' 1.3d-d.y of octobe', 2003, opon oon,~.,,'on of the ...- Co""o, Cond,;.t~n somm." R.port, . ;, h".by o<"".d .nd dlrecled .. folloW' 1 b""" C",I"". The p.rt;", M,,,,.eI S. G."'n" .nd p.m." J. G.",n'" ,hell h'V' ,h".d ,eg.' ",,,",,y of the m;no' ",lid, TyI" M;oh.eI G,,"n", bom Jon' 19, 1998 E"h p.",nl ,h.1I hev, en .q'" ""hi, 10 b. e><.<d"" ~;n" with the oth" p.",nt, 10 m.k. .11 m.io< non-.m.",.n", ",,;,;on' eff.ctlng the ",;Id', g.n.'" w.lI-be;ng ;nclodlng, bol not IImlled 10, .11 d.d,~n' "g.",;ng hi' h..lth, edooollon .nd "lIg;on. po""nl to the I"n" of P.. C. S. ,5309, ."h ",,,,nl ,bell be en"ed to .11 reco"" .nd ;nfo""",on po",;n;ng to the ohlld ;nclodln9, bel not limited to, m.dlOO' , d.nta' , "lIg;oo' 0' ",bOoI '''''''''' the ,,,id.n'" .dd'''' of the ohlld .nd of the olh" p."",- To the .xtent on' ",,,,nl h" po"",;on of .ny en'" reco"" 0< ;nfomurt~n, thet p.",nl ,bell be "qo;",d to ,h'" the "m', 0< oop;" th''''''', wtth the olh" p,""" wtth;n enoh ,..",n.b1' ,me .. to m.k. the records and information of reasonable use to the other parent. 2 PhV';OO' C","'''' Mollle< ,h.1I beV' p.m." phYS;OO' "",ooy. Feth" ,h.1I he" p,rt;" o",too, ..oh week nom 2,30 p.m. Toe""Y thmogh 6,00 p.m. Tho""'Y, F.th" ,h,1I b' .n"ed to .d..~n" ",,,,,n,b1. .co." 10 the ohlld ;n 0"''' to p,rt;o;p"", wtth him fo< pO'P'"'' of ,_, .ct;vlt;" .nd .""","""" ,po"'. Th' p.rt;" will ooop""'" with ."h ollle< to .=mmod." Ih. ohlld', ",hedO" .nd .,,;, oon..nl to< the child to participate in these activities shall not be unreasonablY withheld. 3. Holidays. A. Thank-saiving. Each year, Father will have custody from 2:30 p.m. 1M d'Y beto'" Th.n"",;v;ng on,"h' 2,30 p.m. on Thenk,g;v;ng D'Y. B. Christma~. Each year, Father will have custody from 2:30 p.m. to 8:00 p.m. on December 24th and December 25th. C. New Year's Eve I New Year's Da > Each year, Father will have custody from 2:30 p.m. on New Year's Eve until 2:30 p.m. New Year's Day. NO. 03-3848 CIVIL TERM D. Independence Dav / Labor Dav. Each year, Father will have custody for Independence Day from 2:30 p.m. to 1l:00 p.m. and Labor Day from 2:30 p.m. until 7:00 p.m. 4. A hearing is scheduled in Courtroom Number ~ of the Cumberland County Courthouse, on the d0-6{.day o'f--JP~ , 2003, at /,'I3e) o'clock L.M., at which time testimony will be taken. For the purposes of the hearing, the Father, Michael S. Gardner, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro 5e shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. . / / :1 J. Ois!: ,/C Patrick O'Connor, Esquire, 3105 Old Gettysburg Road, Camp Hill, I'A 17011 v!Samuel L. Andes, Esquire, PO Box 168, Lemoyne, PA 17043 r~ l..-\'\~i~ ~\ , Q!:; \0' \ ""\ >- Q- ~:,' we.; 0> t/'c' :~(i;,:?-: -, ...._.1: ....:./: ..... ~ l1") ...::J ., :::: (.-5 (""') - -5 :)g: ).? '\~~ ~~...J ~' ~:0 .:!<:!: j"J> ~~}iE -~ CJ .- 4~~ 1-- c...: c:::, &; Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3848 CIVIL TERM MICHAEL S. GARDNER, v. CIVIL ACTION - LAW PAMELA J. GARDNER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tyler Michael Gardner June 19, 1998 Mother 2. A Custody Conciliation Conference was held on October 6, 2003 following Father's filing of a Complaint for Custody on or about August 11, 2003. Present for the conference were: the Father, Michael S. Gardner, and his counsel, G. Patrick O'Connor, Esquire; the Mother, Pamela J. Gardner, and her counsel, Samuel L. Andes, Esquire. 3. Father filed the Complaint seeking an expansion of his periods of partial custody and the holiday schedule. The parties were not able to reach an agreement regarding the expansion of Father's custodial time. Therefore, a hearing is necessary. The parties did agree on the status quo and on holiday arrangements. 4. Father's position on custody is as follows: Father seeks more time with the child because he wants to have an impact on the child's life, be his inspiration and provide a male role model for his son. He believes under the present schedule of 2:30 p.m. Tuesday through 6:00 p.m. Thursday each week that he is not able to fulfill this goal nor participate in an equal sharing of the parenting responsibilities with the child. He has requested that the return time be extended until 8:00 p.m. and that he have additional time with the child on Fridays and Saturdays from 2:30 p.m. or 3:00 p.m. until 8:00 p.m. Father presently works from 4:00 a.m. to 3:00 p.m. Friday through Tuesday each week as a truck driver. 5. Mother's position on custody is as follows: Mother presently resides with Tyler, her eight year old daughter and her boyfriend. Currently, she is working from 9:00 p.m. to 7:00 a.m. on Tuesday, Wednesday, Friday and Saturday each week. However, beginning in January 2004, she anticipates a change in her work schedule such that she will NO. 03-3848 CIVIL TERM be working from 10:00 a.m. to 6:30 p.m. Monday through Friday. She reports that the child goes to Kindergarten until 11 :00 a.m. each morning and that his bedtime is 8:30 p.m. Mother was unwilling to agree to any additional custodial time for Father on the Fridays and Saturdays which he had requested because she does not want to have to share any of the weekend time with Father. She also wants the return time at the end of Father's custodial visits to be at 7:00 p.m. so that she has sufficient time to prepare the child for his 8:30 p.m. bedtime. 6. An Order is attached which provides for a hearing, the parties agreements with "g'''' 10 h/~ l~J""" '" "hed~,"'tody period' O,'e Meli'M Peel b,o,,, Custody Conciliator :219278 " MICHAEL S. GARDNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-3848 CIVIL TERM PAMELA J. GARDNER, Defendant IN CUSTODY ORDER OF COURT AND NOW this {'1 day of v.J~ ' 200~, upon the request of the Defendant, the hearing scheduled in this matter for November 26, 2003 is continued. The matter will now be heard on January 5,2004, commencing at 1:30 p.m. c - BY THE COUR'F; . Distribution: A'. Patrick O'Connor, Esquire (Attorney for Plaintiff) 3105 Old Gettysburg Road, Camp Hill, PA 17011 > L crp I 'f Q.') ~'~o~ f\-t{ ~ II ~Ii ~(f3 v8"amuel L. Andes, Esquire (Attorney for Defendant) 525 l'Iorth 12th Street, Lemoyne. PA 17043 )- I.f> i': 0:; -" ~~ z s,~: 0' 6~ '- :'ft: , ,'''-- ..) , i .;L":C ')~ -,~ ....... ':::l :~~~ .. IC~Z 'JJW C~. roo.... ....:. 2 => 0 MICHAEL S. GARDNER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA J. GARDNER, DEFENDANT : 03-3848 CIVIL TERM ORDER OF COURT AND NOW, this <70 day of December, 2003, the custody hearing currently scheduled for January 5, 2004, is cancelled and rescheduled to Friday, January 16, 2004, at 9:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. A. Patrick O'Connor, Esquire For Plaintiff 7 vSamuel L. Andes, Esquire For Defendant :sal I ).. -31 -6 3 , \j\N1I\VS~':N:ld . IUr,r1r.! (1,',_1",..[,,;\.,,'7)(,\\1\\.1"'\1"\ J\1)."', ,1-,," ..".:'! .._..",t."...... s S:Z tld O~ 'J3Cl ttiU7. 1\"i\n,h\QwIIQUd ::l' '1. .1.0 ,,_yu.V1'Il l u.: ~,,..1\1 ... 38\o1jo-O:\\\:1 MICHAEL S. GARDNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 03-3848 CIVIL CIVIL ACTION - LAW PAMELA 1. GARDNER, Defendant IN CUSTODY ORDER AND NOW, this 911 day of March, 2004, after hearing and consideration of the testimony adduced, it is ordered and directed as follows: I. The parties, Michael S. Gardner and Pamela 1. Gardner, shall have shared legal custody of the minor child, Tyler Michael Gardner, born June 19, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the child's general well being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms ofPa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the resident address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent is directed to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother shall have primary physical custody of said child. The father shall have partial custody each week from 2:30 p.m. Tuesday through 7:00 p.m. on Thursday. In addition, the father shall be entitled to one additional afternoon visitation per week from 2:30 p.m. until 7:00 p.m. on Monday or Friday during those weeks that the mother is normally scheduled to work these days as the parties shall agree and, if they cannot agree, on Friday, and from 2:30 p.m. until 7:00 p.m., on a Saturday or Sunday during those weeks when the mother is normally r ' \/il\]'1ilrlf8N~',13d A1NP(},=\ n".l',.r"!',.'?:F::,/'lnCi L. (, :8 11'4 0 I lJ\1l~ ~noz "J'.!Wi\.n:.ll'v"\-!d ::;/-11 .!r) .'\'_ 1...\'. I ~ 'w'" .... _l! ......... ::!Jl::l:\C)-03l\:1 scheduled to work those days, as the parties shall agree and, if they cannot agree, on Saturday. The father shall be entitled to additional reasonable access to the child in order to participate with him for purposes of school activities and extracurricular sports. The parties will cooperate with each other to accommodate the child's schedule and their consents for the child to participate in these activities shall not be unreasonably withheld. 3. The parties shall share major holidays as follows: a. Thanksgiving. Each year, father shall have custody from 2:30 p.m. on Wednesday until 2:30 p.m. on Thanksgiving. Mother shall have custody from 2:30 p.m. on Thanksgiving until 2:30 p.m. on Friday. The regular schedule shall be followed at all other times. b. Christmas. Each year, father shall have custody from 2:30 p.m. to 8:00 p.m. on Christmas Eve (December 24th). Mother shall have custody from 8:00 p.m. on December 24'h until 2:30 p.m. on December 25th. Father shall have custody from 2:30 p.m. until 8:00 p.m. on December 25th. The regular schedule shall be followed at all other times. c. New Year's Day. Each year, mother shall have custody from 2:30 p.m. on December 30th until 2:30 p.m. on New Year's Eve (December 31st). Father shall have custody from 2:30 p.m. on January 31 s, until 2:30 p.m. on New Year's Day. The regular schedule shall be followed at all other times. d. Independence Day & Labor Day. Each year, mother shall have custody from 8:00 p.m. on the day before the holiday until 2:30 p.m. on the holiday. Father shall have custody from 2:30 p.m. on the holiday until 8:00 p.m. on the holiday. The regular schedule shall be followed at all other times. 4. During the summer vacation from school, each parent will have one week of uninterrupted time. Each party shall give the other sixty (60) days' notice of intent to exercise custody under this provision. G. Patrick O'Connor, Esquire For the Plaintiff Samuel 1. Andes, Esquire For the Defendant :r1m BY THE COURT, ~d ~ ~~ /1.* Heather L. Paterno, Esquire I.D. #87506 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff MICHAEL S. GARDNER, Plaintiff . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 03-3848 PAMELAJ. GARDNER, Defendant : CIVIL ACTION - LA W : IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Petitioner by and through his attorneys, Heather L. Paterno, Esquire, and Goldberg Katzman, P.C., files this Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Petitioner is Michael S. Gardner, Father, who currently resides at 705 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Pamela J. Crowell, fIkIa Pamela Gardner, Mother, who currently resides at 603 West Kelker Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are formerly husband and wife and are the parents of one (1) minor child, Tyler Michael Gardner, born June 19, 1998. 4. On March 9, 2004, an Order of Court regarding custody was issued by the Honorable Kevin A. Hess. A copy of said Order is attached hereto, made a part hereof and marked Exhibit "A." 5. For the past several months, the parties have adjusted the Order, agreeing out-of- court that Petitioner will have the child essentially two of three weekends. 6. Petitioner seeks a modification of the current custody Order. 7. The best interests and welfare of the child will be served by a modification of the above-referenced Order for the reasons which follow: a. The child has expressed a persistent interest in residing with Petitioner; b. Petitioner is able to provide a safe and structured home for the child; c. The child will benefit from spending more time with his Father; and d. Petitioner believes the child needs more structure and discipline in his life. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the Order of March 9,2004, and award the parties shared legal custody and Petitioner primary physical custody of the child, Tyler Michael Gardner. Respectfully submitted, 17108-1268 Date: ~ II, ,;/ooG7 Attorney for Petitioner/Plaintiff ::ODMAIPCDOCSIDOCS\136319\1 2 VERIFICATION I verify that the statements contained in the foregoing PETITION TO MODIFY ORDER OF CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7 h loe; -- Exhi bit A MICHAEL S. GARDNER, Plaintiff IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-3848 CIVIL CIVIL ACTION - LAW PAMELA J. GARDNER, Defendant IN CUSTODY ORDER AND NOW, this '112 day of March, 2004, after hearing and consideration of the testimony adduced, it is ordered and directed as follows: 1. The parties, Michael S. Gardner and Pamela J. Gardner, shall have shared legal custody of the minor child, Tyler Michael Gardner, born June 19, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the child's general well being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms ofPa.C.S. 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the resident address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent is directed to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The mother shall have primary physical custody of said child. The father shall have partial custody each week from 2:30 p.m. Tuesday through 7:00 p.m. on Thursday. In addition, the father shall be entitled to one additional afternoon visitation per week from 2:30 p.m. until 7:00 p.rn. on Monday or Friday during those weeks that the mother is normally scheduled to work these days as the parties shall agree and, if they cannot agree, on Friday, and from 2:30 p.m. until 7:00 p.m., on a Saturday or Sunday during those weeks when the mother is normally scheduled to work those days, as the parties shall agree and, if they cannot agree, on Saturday. The father shall be entitled to additional reasonable access to the child in order to participate with him for purposes of school activities and extracurricular sports. The parties will cooperate with each other to accommodate the child's schedule and their consents for the child to participate in these activities shall not be unreasonably withheld. 3. The parties shall share major holidays as follows: a. Thanksgiving. Each year, father shall have custody from 2:30 p.m. on Wednesday until 2:30 p.m. on Thanksgiving. Mother shall have custody from 2:30 p.m. on TIuinksgiving until 2:30 p.m. on Friday. The regular schedule shall be followed at all other times. b. Christmas. Each year, father shall have custody from 2:30 p.m. to 8:00 p.m. on Christmas Eve (December 24th). Mother shall have custody from 8:00 p.m. on December 24th until 2:30 p.m. on December 25th. Father shall have custody from 2:30 p.m. until 8:00 p.m. on December 25th. The regular schedule shall be followed at all other times. c. New Year's Day. Each year, mother shall have custody from 2:30 p.m. on December 30th until 2:30 p.m. on New Year's Eve (December 31st). Father shall have custody from 2:30 p.m. on January 31st until 2:30 p.m. on New Year's Day. The regular schedule shall be followed at all other times. d. Independence Day & Labor Day. Each year, mother shall have custody from 8:00 p.m. on the day before the holiday until 2:30 p.m. on the holiday. Father shall have custody from 2:30 p.m. on the holiday until 8:00 p.m. on the holiday. The regular schedule shall be followed at all other times. 4. During the summer vacation from school, each parent will have one week of uninterrupted time. Each party shall give the other sixty (60) days' notice of intent to exercise custody under this provision. BY THE COURT, G. Patrick O'Connor, Esquire For the Plaintiff r1o~ Samuel L. Andes, Esquire For the Defendant :rlm TRue.co.- . .. ... .. ... _ .-:- ....... py FROU.~.~ III T~....WIIeIeof.' _.~ and till sw of said Court at CarIsIe Pa. 111/~ I~) ~ ~~ ~ . .;- .h, , -'~.. , ProthonoraiY CERTIFICATE OF SERVICE On this {{,... day of Jur, ,2006, I certify that a copy of the foregoing was served upon the following co sel of record by dehvenng same In the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Counsel for Respondent/Defendant tv ~ -tQ. t- 't ~ r-...... ........ ~ --- ~ C) C- ~ C> F - V) --J N t () - -.... F -...c:: r~ ~, I 1- ~.'. ", ,. . MICHAEL S. GARDNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-3848 CIVIL ACTION LA W PAMELA J. GARDNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 19,2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp HiII, PA 17011 on Friday, September 01, 2006 at 2:30 PM 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 pennanent order. The court hereby directs the parties to f\lrnish any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearin\!:. FOR THE COURT. By: /s/ Melissa P. Greevv. Esq. ~ Custody Conciliator F The Court of Common Pleas orCumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 17013 Telephone (717) 249-3166 ~ fp-? ITJ~"" ~ '1~.le.L. v,r"P fz!' ~ ~ ~u, 40.re.e- ~d fP'? ~ Uo' f"iJ 'JU-Ie-l \i " ? (\ : \ \ II:>) \?, :j-?'l j"::-,:-~-' .',';---- j: Plaintiff !ByS;I' Z006 . J IN THE COURT OF COMMON PLEAS OF ..;-----c~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3848 CIVIL TERM , -. MICHAEL S. GARDNER, v. CIVIL ACTION - LAW PAMELA J. GARDNER, IN CUSTODY Defendant Hess,J. -- INTERIM ORDER OF COURT AND NOW, this z I' day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of March 9, 2004 is VACATED. The following Interim Order is entered pending hearing. 2. LeQal Custody. The parties, Michael S. Gardner and Pamela J. Gardner, shall share legal custody of the minor child, Tyler Michael Gardner, born June 19, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Phvsical Custody. Mother shall have temporary primary physical custody of the minor child. Father shall have partial custody of the child in accordance with the following schedule: A. Commencing September 1, 2006, on alternating weekends, from Friday at 4:30 p.m., or after work, until Sunday at 7:00 p.m. B. Each Wednesday from 4:30 p.m., or after work, until 8:00 p.m. C. Father shall ensure that the child has had a shower and completed his homework prior to the transfer of custody to Mother. I ... NO. 03-3848 CIVIL TERM 4. schedule. Holiday Schedule. The following holiday schedule shall supercede the regular A. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at Noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at noon. In even-numbered years, Father shall have Segment A and Mother shall have Segment B. In odd-numbered years, Mother shall have Segment A and Father shall have Segment B. B. Thanksaivina. Each year Father shall have custody from after work on Wednesday until 2:30 p.m. on Thanksgiving. Each year Mother shall have custody from 2:30 p.m. on Thanksgiving Day until 2:30 p.m. on Friday. 5. Summer vacation. During the summer vacation from school, each parent will have one (1) week of uninterrupted time. Each party shall give the other sixty (60) days notice of the intent to exercise custody under this provision. 6. A hearing is scheduled i1jourtroom Number 4 of the Cumberland County Courthouse, on the ;2~ day of 'Lf//J7L1u;A--, 2006, at 9/ 31J o'clock 1!L..M., at which time testimony will be taken. For the purposes of the hearing, the Father, , shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: S:E COU;i evin A. Hess, J. I '\Cf 1r."r ~1!;"': I '/ ":"f'~"'" I ,.. ~ SEP 1 8 2006 l }'J . I\A~ U-:~,:~ ---- MICHAEL S. GARDNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3848 CIVIL TERM v. CIVIL ACTION - LAW PAMELA J. GARDNER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Tyler Michael Gardner June 19, 1998 Mother 2. Father filed a Petition for the Modification of Custody Order on July 12, 2006. A Custody Conciliation Conference was scheduled for September 1, 2006. The last Order in this matter was March 9, 2004, entered after a full hearing. Present for the conference were: the Mother, Pamela J. Gardner, and her counsel, Samuel L. Andes, Esquire; the Father, Michael S. Gardner, and his counsel, Heather L. Paterno, Esquire. 3. Father's position on custody is as follows: Father seeks primary physical custody of the child. He reports that for the past several months, the status quo has been that he would have custody for two out of every three weekends. He drives truck during the week and does not work weekends. He describes his work hours as 7:00 a.m. until 4:30 p.m., making local deliveries. In addition, Father is taking classes online for an accounting degree. He expresses no animosity toward Mom and has no problem with the care that she provides. Father resides within blocks of Mother's residence. Father believes the child wants to spend more time with him than he presently does. The present custody Order was entered at a time when Father had a different work schedule and was entered with his work schedule in mind. Because of changes to his work schedule, Father sees himself as more available and would like to spend more time with the child. 4. Mother's position on custody is as follows: Mother confirms that the previous Order was crafted around Father's work schedule. She works Monday through Friday for the same company as does Father. In her view, the filing of this Petition was retaliation for her decision to reinstitute the wage-attached child support. Mother reports Tyler is in third grade, and needs a great deal of parental attention to get his homework done because of ~ " NO. 03-3848 CIVIL TERM his attention deficit hyper-activity disorder. Mother believes that Father does not like Tyler to take medication, and that Father does not give enough support or structure for the child during homework time. Mother has apparently had a long-standing concern that Tyler sleeps with Father when he is at Father's residence. However, she has received some indication that Father may have purchased or may be about to purchase a separate bed for Tyler. Mother would like to change the schedule of partial custody so that Father would have alternating weekend periods of custody from Friday to Sunday, in addition to holidays and time in the summer. Mother says that Father gets home from work between 6:00 p.m. and 8:00 p.m., often around 7:00 p.m. She is not willing to offer Father any additional custodial time because she suspects that he will not give Tyler the medication and that he will not receive adequate assistance with his homework. She does not believe that Father is able to get off work at 4:30 p. m. 5. The parties were not able to reach an agreement as to Father's Petition for Primary Physical Custody of the child. However, they agreed to modifications of the Order on an interim basis, pending hearing. Counsel for thi tter requests one day. q -I 'f-C ft; Date ' :283065 MICHAEL S. GARDNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 03-3848 CIVIL PAMELA J. GARDNER Defendant CUSTODY IN RE: CUSTODY ORDER AND NOW, this ih day of November, 2006, hearing in the above captioned matter set for December 28,2006, is continued to Friday, January 26, 2007, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Heather Paterno, Esquire For the Plaintiff ./lJ Samuel Andes, Esquire F or the Defendant I ~ II.../J ~~()' -<--P'-' . 9-.- . :rlm (I;:" TI- 20D5 liOV 8 r: ..'~ " ,.., - 1 1 (.: ,I ~) '- C,,", . 1..HV'::,.. ...--. - II . - I ,"",II 5,.~ MICHAEL S. GARDNER, ) Plaintiff ) ) ) vs. ) ) ) PAJdELAJ.CROVVELL,fonn~lyPAJdELA ) J. GARDNER, ) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CML ACTION - LAW NO. 03-3848 CIVIL TERM IN CUSTODY STIPULATION AND NOW come the above-named parties, with their attorneys, and stipulate and agree that the Court shall ent~ the attached ord~ to resolve the matters currently pending before the Court which w~e scheduled for a hearing on Jan!J8IY 26,2007. ~ L. Paterno rney for Plaintiff ~-</~~-/ Michael S. Gardn~ &~~ Attorney for Defendant Gar.. 9-<>. ~ C.nnu t< Q , Pamela J. Cro ell ~ ~ -0 Cl..' rnrr;. ~-i:/ ~.-,-. {f!~;-< ~-~:. '=2.0 J:;;(J ~C) YC z -:2 ~ ~ ....., ~ ~ ~1 ~ %~ :::: :=;;.t .. :l2:. c.J1 ~ s;- 'r'. p ~ FED 1Ii zmr ~ MICHAEL S. GARDNER, ) Plaintiff ) ) ) vs. ) ) ) PAMELA J. CROWELL, formerly PAMELA ) J. GARDNER, ) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3848 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this 2 I & day of f!'..a: ' 2007, upon the written Stipulation of the parties and their counsel, we hereby en er the followmg order m this matter: 1. Legal custody of the minor child, Tyler Michael Gardner, born June 19, 1998, shall be shared by his parents, the Plaintiff Michael S. Gardner and the Defendant Pamela J. Crowell, which each party having an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well being. Each parent shall be entitled to all records and information pertaining to the child and, to the extent that one parent has possession of such records or information, that parent shall share the same, or copies thereot: with the other parent within a reasonable time. 2. Physical custody of the said child shall be shared equally by his parents on a week-to-week basis, with the time of exchange to be each Friday at 4:30 p.m. 3. Each parent shall be entitled to have physical custody of the child for one week each summer, uninterrupted by time with the other parent, on the condition that they give the other parent sixty (60) days' advance notice of the time they will exercise such period and their plans for vacation, if any. 4. The parties shall share custody of the child on holidays on the following schedule, which shall prevail over and take precedence over the regular schedule of custody set forth in this order: A. Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even- numbered years and Block B in odd-numbered years. Mother shall have Block A in odd- numbered years and Block B in even-numbered years. ALE/')' -t',:::/:('I":: -. '~., I"... Or:: TH'''' p'J!~'"-""'''''.,V.-IAPY I II:, 'vi. ",,, ';,,} d 2007 FEa 2 J !1N II: 06 Clllll.!. . .,.. --, '~Ih. UIVJ:"',-2.1~/;-,1-.J V)'J/V; ( PfNNSYLv'Q\.\!IA or. 0../ - ~ .... B. Thanksgiving shall be divided into two blocks. Block A shall be from Wednesday (the day before Thanksgiving) at 5:00 p.m. to Thursday at 5:00 p.m. and Block B shall be from Thursday at 5:00 p.m. to Friday at 5:00 p.m. Mother shall have Block A in even-numbered years and Block B in odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even-numbered years. C. New Year's. Father shall always have New Year's Eve from 12:00 noon on New Year's Eve to January 1 at 6:00 p.m. D. Memorial Day and Labor Day. Father shall always have physical custody of the child on Memorial Day and Labor Day from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. R July 4th. Mother shall always have physical custody of the child on July 4th from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. F. Mother shall always have physical custody of the child on Mother's Day and Father shall always have physical custody of the child on Father's Day at times agreed by the parties. BY THE COURT, il;L J. Distribution: ~ther L. Paterno, Esquire (Attorney for Plaintift) 320 Market Street, Strawberry Square, P.O. Box1268, Harrisburg, PA 17108-1268 ~uel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043