Loading...
HomeMy WebLinkAbout07-4771LAW OFFICES OF DILS &DILS DIANE M. DILS, ESQUIRE Attorney LD. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Darren Kirchner: DARKEN KIRCHNER, Plaintiff vs. STEPHANIE LOVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CUSTODY COMPLAINT FOR SHARED LEGAL AND PARTIAL CUSTODY AND NOW, this ~%~~day of August, 2007, comes the Plaintiff, Darren Kirchner, by 'pis attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Darren Kirchner, an adult individual currently residing at 407 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Stephanie Love, is an adult individual currently residing at 853 Acri Road, Enola, Cumberland County, Pennsylvania 17025. 3 3. The Plaintiff and Defendant were never married; however, they are the natural parents of one child; namely: Jordyn Mairade Love, born July 14, 2005 in Harrisburg, Pennsylvania. 4. Primary physical custody of the minor child, Jordyn Mairade Love, is currently in the Defendant, Stephanie Love, and the Plaintiff, Darren Kirchner, respectfully desires a schedule setting forth his partial custodial rights with his minor child. 5. The Plaintiff has not participated as a parry or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 6. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth or any other state. 7. The Plaintiff does not know of a person not a party to the proceedings who has ph,~sical custody of the child or claims to have custody or visitation rights vaith respect to the child. 8. The mihor child has resided in the Commonwealth of Pennsylvania, County. of Cumberland, since her birth. 4 9. The Plaintiff, Darren Kirchner, believes it is in the best interest of his minor child that he be granted shared legal custody and partial custody through an Order of Court. 10. The Plaintiff, Darren Kirchner, respectfully requests the following schedule of partial custody: a. E•~ery other weekend from Friday at 4:30 p.m. until Sunday at 6:00 p.m.; b. T-avo (2) days during the week from the hours of 4:30 p.m. to 7:30 p.m.; c. Holidays alternated, said holidays to include Easter, Memorial Day, J~,ly 4th, Labor Day and Thanksgiving; d. Mother's Day with Mother, Father's Day with Father; e. Christmas to be shared utilizing Segments "A" and "B" with Segment "A" running from December 24th at noon to December 25th at noon and Segment "B" running from December 25th at noon until December 26th at noon; £ T~~vo weeks non-consecutive summer vacations for each parent with thirty (3) days advance written notice. 11. The Plaintiff, Darren Kirchner, is employed at Junkins and Associates working the hours of 7:00 a.m. unti13:30 p.m. Monday through Friday. 5 12. The Defendant, Stephanie Love, is employed at Highmark and works Monday through Friday, daylight hours. WHEREFORE, the Plaintiff, Darren Kirchner, respectfully prays your Honorable COLirt to grant him shared legal and partial custody with his minor child, Jordyn Mairade Love. Respectfully submitted, B ~ Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 6 VERIFICATION I verify that the statements made in this Complaint for Shared Legal and Partial Custody 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. Darren Kirchner Date: 7 26 0-~ n rv ~T ~ O ~ - -..., ?-~, ?r ~ + ~}. ~` ~ ~ E.,a -p -n ~;~ ~~~.' ~ = f r~ rrt R ~Q , ~A R _ N DARREN KIRCHNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE LOVE :DEFENDANT • 2007-4771 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, August 21, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 11, 2007 at 1:30 PM 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/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required 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 17013 Telephone (717) 249-3166 „~~~, ~d t ~J c. o iP s ~',~~ ., . ~~-~ ~1d r`y... ai-{I ~~~.+ r ~ ~' DARKEN KIRCHNER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 2007-4771 STEPHANIE LOVE, :CIVIL ACTION -LAW Defendant IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Kara W. Haggerty, Esquire, on behalf of the defendant, Stephanie Love, in the above-referenced matter. Respectfully submitted, D~~'rE D ~ ABOM ~ KIlTULAKIS, L.L.P. Lanaao fb~q~u1~.~- Kara W. Haggerty, Es e Attorney ID# 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ... CERTIFICATE OF SERVICE AND NOW, this ~f ~ day of October, 2007, I, Kara W. Haggerty, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Enter Appearance by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street First Floor Front Harrisburg, PA 17102 D~'r'E 0 7 J /jP Kara W. Haggerty ,,~ =-7 c~.a' ~~ -:-i __ ! ?'~': "" :I -t . - C.i,, G ,--C: wmr e ~mv~,,/~ DARKEN KIRCHNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4771 CIVIL ACTION LAW STEPHANIE LOVE Defendant IN CUSTODY ORDER OF COURT ,,`` AND NOW, this ~ 3 day of N 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Darren Kirchner, and the Mother, Stephanie Love, shall have shared legal custody of Jordyn Mairade Love, born July 14, 2005. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following gradually increasing schedule: A. Beginning Sunday, November 4, 2007, the Father shall have custody of the Child on three (3) out of every four (4) weekends on either Saturday or Sunday from 9:00 a.m. unti16:00 p.m., with the specific day to be arranged by agreement of the parties with flexibility in the event the Mother plans to travel out of the area on a certain weekend. In addition, the Father shall have custody on two (2) weekdays each week from 5:30 p.m. unti17:30 p.m. B. Beginning on the Father's first weekend in January, 2008, the Father shall have custody of the Child on alternating weekends on both Saturday and Sunday from 9:00 a.m. until 6:00 p.m. on each day. In addition, the Father shall continue to have two (2) evenings per week from 5:30 p.m. unti17:30 p.m. C. After the Father has exercised his periods of custody on alternating weekends pursuant to subparagraph B of this provision for four (4) custodial weekends, the Father's alternating weekend periods of custody shall be expanded overnight to run from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. in addition to the Father's two (2) evenings per week, which shall continue. D. After the Father has exercised his periods of custody under subparagraph C of this provision on four (4) alternating weekends with one (1) overnight, the Father's periods of alternating weekend custody shall be expanded to run from Friday at 5:30 p.m. until Sunday at 6:00 p.m. in addition to the Father's two (2) evenings per week, which shall continue. F. The parties acknowledge that the foregoing expanding partial custody schedule has been established to ensure a gradual adjustment period for the Child. The parties agree to cooperate in making any necessary adjustments to the gradually increasing schedule based on the Child's emotional readiness and well-being. In the event the parties are unable to agree as to an adjustment to the expanding schedule which one party feels is necessary, counsel for either party may contact the conciliator to either schedule afollow-up custody conciliation conference or a telephone conference with counsel. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In 2007, the parties shall share having custody of the Child on the Christmas holiday as arranged by agreement. Beginning in 2008 and continuing thereafter, in even numbered years, the Mother shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon and in odd numbered years, the Father shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon, unless the parties otherwise agree. B. Thanks iving: Unless otherwise agreed between the parties, the parties shall share having custody of the Child on Thanksgiving Day with the Father having custody from 11:00 a.m. unti13:00 p.m. and the Mother having custody for the remainder of the holiday. C. Easter: The parties shall share having custody of the Child on Easter Sunday each year as arranged by agreement. D. Memorial Da /} July Fourth/Labor Day: The parties shall alternate or share having custody of the Child on Memorial Day, July Fourth and Labor Day each year as arranged by agreement. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. In 2008, each party shall be entitled to have custody of the Child for vacation for seven (7) days, which may be scheduled in segments. Beginning in 2009 and continuing thereafter, each parent shall be entitled to have custody of the Child each summer for two (2) non-consecutive weeks. The parties shall provide each other with at least thirty (30) days advance notice of scheduled vacation her selection of vacation dates. The parent having custody of the Child for vacation under this provision shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 6. The parties shall share responsibility for providing transportation for exchanges of custody as arranged by agreement. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY J. cc: ~iane M. Dils, Esquire -Counsel for Father ~ara W. Haggerty, Esquire -Counsel for Mother ~Ihfdil`1~I~N~Cf ~ 1 ~ ! add £ t 1~ON 1g0~ At~.iC3~fuH1Q~c3 ~ 34 ~-~ s~ DARKEN KIRCHNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4771 CIVIL ACTION LAW STEPHANIE LOVE Defendant IN CUSTODY 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 CUSTODY OF Jordyn Mairade Love July 14, 2005 Mother 2. A custody conciliation conference was held on November 2, 2007, with the following individuals in attendance: the Father, Darren Kirchner, with his counsel, Diane M. Dils, Esquire, and the Mother, Stephanie Love, with her counsel, Kara W. Haggerty, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~K-hvt ~, ~.oa-z Date Dawn S. Sunday, Esquire Custody Conciliator