HomeMy WebLinkAbout08-3537DANIEL L. BANKERT : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
DEANNA KITNER : NO. 08- 3 6-3 7 CIVIL TERM
Defendant. : IN CUSTODY
COMPLAINT FOR CUSTODY
Bayley, Esquire, and presents the within complaint for custody, representing as follows:
Gardens, Carlisle, PA 17013.
AND NOW comes the Plaintiff, Daniel L. Bankert, by and through his attorney, Mark F.
1. The Plaintiff, Daniel L. Bankert, is an adult individual residing at 1826 Heishman
2. The Defendant, Deanna Kitner, is an adult individual residing at 7 Regency
Woods, Carlisle, PA 17013.
Name
3. Plaintiff seeks custody of the following child:
Present Residence
Ae D/OB
Nickelai Daniel-Lee Bankert 1826 Heishman Gardens, Carlisle, PA
7 Regency Woods, Carlisle, PA
4. The child was born out of wedlock.
18 months 9-9-07
5. The relationship of the Plaintiff to the child is that of natural father. The child
currently resides with the Plaintiff 50% of the time.
Plaintiff is not married.
6. The relationship of the Defendant to the child is that of natural mother. The child
currently resides with the Defendant 50% of the time.
Defendant is not married.
7. During the past five years the child has resided with:
Name Address
Defendant 7 Regency Woods, Carlisle, P A
Plaintiff 1826 Heishman Gardens, Carlisle, PA
Plaintiff and Defendant 226 Mannsville Rd., Elliotsburg, PA
Plaintiff and Defendant 25 Turner Lane, Shermansdale, PA
Date
3/26/08-Present
12/10/07-Present
12/3/07-3/26-08
9/9/07-12/3/07
The Plaintiff has not participated as a party or witness, or in another capacity in
other litigation concerning the custody of the child in this or any other Court.
9. Plaintiff has no information of a custody proceeding concerning the child pending
in any Court of this Commonwealth or any other state.
10. Other than as noted above, Plaintiff does not know of a person nor a party to the
proceeding who has physical custody of the child or claims to have custody or visitation rights
with respect to the children.
11. The best interests and permanent welfare of the child require the parties to have
periods of physical custody which may be agreed upon by stipulation, at conciliation or
otherwise be determined by the Court.
WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody
conciliation conference.
Date: (40 ? ( -or
Respectfully submitted,
BAYLEY &
Mark F. Bayley, Esquir
17 West South Stree
Carlisle, PA 17013
(717) 241-2446
Supreme Court ID # 87663
Attorney for Plaintiff
DANIEL L. BANKERT : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
DEANNA KITNER : NO. 08- 3 S"37 CIVIL TERM
Defendant. : IN CUSTODY
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §
4904 relating to unsworn falsification to authorities.
Daniel L. Bankert, Plaintiff
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DANIEL L. BANKERT IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DEANNA KITNER
DEFENDANT
2008-3537 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, June 18, 2008 , 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, July 22, 2008 at 8:30 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. 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/ ac ueline M. Verne 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
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DANIEL L. BANKERT : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW
DEANNA KITNER : NO. 08-3537
Defendant : IN CUSTODY
STIPULATION AGREEMENT
The parties hereto stipulate as follows:
1. They are the parents of Nickolai Daniel-Lee Bankert, born September 9, 2006.
2. The parties agree to have shared legal custody of Nickolai as that term is defined in
Pa.C.S.A. §5302. Major decisions regarding Nickolai, including but not limited to,
Nickolai's health, welfare, education, religious training and upbringing shall be made by
them jointly, after discussion and consultation with each other, with a view toward
obtaining and following a harmonious policy in raising Nickolai, keeping in mind
Nickolai's best interest being paramount. Each party shall notify the other of any activity
or circumstances concerning Nickolai that could reasonably be expected to be of concern
or interest to the other. Day to day decisions shall be the primary responsibility of the
parent having physical custody. With regard to emergency decisions which must be
made, the parent having physical custody of Nickolai at the time of the emergency shall
be permitted to make any immediate decisions necessitated thereby. However, the parent
shall inform the other of the emergency and consult with him or her as soon as possible.
Each parent shall be entitled to complete and full information from any doctor, dentist,
teacher, counselor, or professional concerning Nickolai, and to receive any and all
relevant reports or other written information generated by such individuals concerning
Nickolai, and a copy of this agreement shall act as authority to any such professional to
release information regarding Nickolai to either parent, upon request.
3. Each party agrees not to alienate Nickolai's affections from the other party. Neither party
shall make disparaging remarks about the other in Nickolai's presence, nor permit third
parties to do so.
4. The parties will share primary physical custody of Nickolai as set forth in the following
rotating schedule:
a. In the first week of the schedule:
1. Father will have custody of Nickolai for three days beginning at 8:30 am on
Monday and ending at 8:30 am on Thursday.
2. Mother will have custody for two days beginning at 8:30 am on Thursday and
ending at 8:30 am on Saturday.
3. Father will have custody for two days beginning 8:30 am on Saturday and ending
at 8:30 am on Monday.
b. In the second week of the schedule:
1. Mother will have custody for three days beginning at 8:30 am on Monday and
ending at 8:30 am on Thursday.
2. Father will have custody for two days beginning at 8:30 am on Thursday and
ending at 8:30 am on Saturday.
3. Mother will have custody for two days beginning at 8:30 am on Saturday and
ending at 8:30 am on Monday.
4. The schedule will then repeat on a rotating two week cycle in the manner set forth
above.
5. Custody on holidays will be as follows:
a. The parties will alternate custody on New Year's Day, Easter, Memorial Day,
Fourth of July, Labor Day and Thanksgiving.
b. The custodial period will be from 8:30 am on the day of the holiday to 8:30 am
the day after the holiday.
c. The Christmas holiday will be divided into two segments, Segment A and
Segment B.
1. Segment A will be from 12:00 noon on December 24 until 12:00 noon on
December 25.
2. Segment B will be from 12:00 noon on December 25 until 8:30 am on December
26.
3. The parties will alternate Segment A and Segment B with Father having Segment
A in even years and Mother having Segment A in odd years.
6. The parties agree that they will abide by the right of first refusal. If the custodial parent
requires child care for more than four hours, the non-custodial parent has the first
opportunity to provide child care for that period of time. Nickolai will then return to the
parent scheduled for custodial time. Pro ?&_X ? +tAS-1A OA - C054-104.ck 1
Pkr'GU? Pro?/t&s all +mvA5pork4-;oh ov kS.3 owerw,sC 4jrW4 OP
7. The parties agree that the conference scheduled for August 1, 2008 shall be cancelled. .
8. The parties agree to share transportation with the exchanges taking place at the St.
Matthew's Lutheran Church. xG&PV CAS
9. In the event of either party facing a period of incarceration, the non-incarcerated party
will maintain custody without seeking a modification of the terms of this agreement.
Upon release from incarceration, both parties will revert to the schedule in this
agreement.
10. The parties agree that this stipulation agreement shall be entered as a court order.
11. This Stipulation is entered upon agreement of both parties. The parties may modify the
provisions of this agreement by mutual consent. In the absence of mutual consent, the
terms of this agreement shall control.
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Daniel L. Bankert
Plaintiff
Deanna Kitner
Defendant
LAA& -
Mark Bayle , Esquire
Attorne or Pl 'tiff
Jes ols ,Esquire
Attorney for Defendant
Date
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Date
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Date
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JUL 3 n 2008 (n
DANIEL L. BANKERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-3537 CIVIL ACTION - LAW
DEANNA KITNER,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 28`h of July, 2008, being advised that the parties have reached a
stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter.
FOR THE COURT,
q ine M. Verney, Esquire, Cus dy Conciliator
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AUG 13 2008
DANIEL L. BANKERT : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW
DEANNA KITNER : NO. 08-3537
Defendant : IN CUSTODY
ORDER
AND NOW, this I3 day of 61 w , 2008, on consideration of the
11
attached Stipulation Agreement, it is hereby ORDERED and DECREED that the terms and
conditions of the aforementioned stipulation are hereby entered as an order of Court.
By the court,
J.
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CASEY VOLGELSONG AND JEANNE IN THE COURT OF COMMON PLEAS OF
PELAYO
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 08-3527 CIVIL ACTION LAW
TAYLAR GRUVER, IN CUSTODY
Defendant
Prior Judge: Edgar B. Bayley, P.J.
ORDER OF COURT
AND NOW this day of February 2009, upon consideration of the attached Custody
Conciliation Report, it is Or ered and Directed as follows:
All prior Orders of Court are hereby VACATED and replaced with this Order.
2. Legal Custody: The Mother, Taylar Gruver, shall have primary legal custody of Saige Gruver,
born 07/05/2007. The Mother shall have the right to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding
her health, education and religion. However, pursuant to the terms of 23 Pa.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 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. Physical Custody: Mother shall have primary physical custody of the Child subject to Paternal
Grandmother's partial physical custody/visitation as follows:
a. Commencing 2/14/09, Paternal Grandmother shall have partial physical
custody/visitation with Saige every other Saturday from 10:00 am until 6:00 pm
at Paternal Grandmother's residence or in other locations by mutual agreement.
b. Commencing 2/6/09, Paternal Grandmother shall also have partial physical
custody/visitation with Saige every other Friday from 10:00 am until 6:00 pm.
C. Mother shall transport Saige to Paternal Grandmother's residence for the 10:00
am exchange and the parties shall meet at the McDonald's off route 83 by Cedar
Cliff for the 6:00 pm exchange.
d. The Paternal Grandmother and Mother may expand/alter said times, days and
locations as the visitation schedule progresses and as Mother and Paternal
Grandmother may agree with an eye toward what is in the Child's best interest.
4. Counseling: The parties have agreed, and are directed to, continue with their family counseling
with a mutually-agreed upon professional. In the absence of agreement, the parties shall
continue with Mazzetti & Sullivan. The cost of said counseling, after appropriate payment
through insurance, shall be split equally between the parties.
5. The Plaintiffs shall have reasonable telephone contact with the Child.
.,
6. Holidays: The Mother shall allow Paternal Grandmother some appropriate time by mutual
agreement during the major holidays to have contact with the Child.
7. No party to this action may say or do anything nor permit a third party to do or say anything
that may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Child.
8. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
9. It is specifically noted that nothing in the instant Order shall preclude Father from asserting his
custodial rights to Saige (i.e. to modify this Order) when he has the ability/desire to do so.
10. A status update conference may be scheduled by any party in May 2009 (after Father has the
ability to assert his custodial rights) by contacting the assigned conciliator to schedule. The
purpose of said conference is to discuss the possibility of Saige spending overnights with
Paternal Grandmother and to discuss a potential custody schedule for Father.
11.
This Order is entered pursuant to 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.
Distribution:
X?brin Snyder, Esquire
?arbara Sumple Sullivan, Esquire 1
John J. Mangan, Esquire ?l
Paternal Grandmother's physical custody/visitation schedule
Monday Tuesday Wednesda Thursday Friday Saturday Sunda
Grandmother
10 amto6 m
Grandmother
l0 amto6 m
Grandmother
10 amto6 m
Grandmother
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CASEY VOLGELSONG AND JEANNE
PELAYO
Plaintiff
V.
TAYLAR GRUVER,
Defendant
Prior Judge: Edgar B. Bayley, P.J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-3527 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CWIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
2. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Saige Gruver 07/05/2007 Primary Mother
2. A Conciliation Conference was held with regard to this matter on September 02, 2008,
an Order issued October 1, 2008 and telephonic status updates held November 5 and
November 7, 2008, an Order issued November 12, 2008 and a status conference was
held February 5, 2009 with the following individuals in attendance:
The Mother, Taylar Gruver, with her counsel, Barbara Sumple-Sullivan, Esq.
The Father, Casey Vogelsong, did not appear and the paternal grandmother, Jeanne
Pelayo, with her counsel, Lorin Snyder, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date J#toConcil' gan, E
C or
Mark F. Bayley, Esquire FILL
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BAYLEY & MANGAN
17 West South Street
I I AUG 15 FM 3' 3
Carlisle, PA 17013
(717)241-2446
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Supreme Court I.D.#87663 PEN SYL?'AH! "\
DANIEL L. BANKERT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION -LAW
DEANNA KITNER NO. 08-3537
Defendant IN CUSTODY
STIPULATION
The undersigned parties agree to the following terms being entered as a Court
Order (The Honorable Kevin A. Hess was previously assigned to the above docketed
matter):
1. All prior Orders in relation to the above docketed matter are hereby
vacated.
2. The parties shall share legal custody of their children, Nickolai Daniel-Lee
Bankert, born September 9, 2006 and Cadence Danielle Bankert, born March 30, 2009.
3. The parties shall share physical custody on a week-on / week-off basis
with exchanges occurring on Fridays at 6:30 p.m. at the Turkey Hill located on Route 34.
Daniel L. Bankert, Plaintiff Date
- - -2
Deanna Kitner, efendant Date
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the
foregoing document upon the following by First Class U.S. Mail:
Mid Penn Legal Services
401 E. Louther Street, Suite 103
Carlisle, PA 17013
Deanna Kitner
29 Turner Lane
Shirmensdale, PA 17090
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Mark F. Bayley, Esquire
DANIEL L. BANKERT IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY , PENNSYLGkN9 `
MCU
VS. :CIVIL ACTION -LAW M Z7_
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DEANNA KITNER
NO. 08-3537
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Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2011 upon
stipulation by the parties it is hereby directed as follows:
l . All prior Orders in relation to the above docketed matter are hereby
vacated.
2. The parties shall share legal custody of their children, Nickolai Daniel-Lee
Bankert, born September 9, 2006 and Cadence Danielle Bankert, born March 30, 2009.
3. The parties shall share physical custody on a week-on / week-off basis
with exchanges occurring on Fridays at 6:30 p.m. at the Turkey Hill located on Route 34.
BY THE
Hon.
cc. Deanna Kitner
id-Penn Legal Services
r/ Mark F. Bayley, Esquire
00 A. Hess
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DANIEL L. BANKERT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
C3 r..'
vs. : CIVIL ACTION - LAW i t _
IN CUSTODY = -DEANNA KITNER, cn ,
Defendant : NO. 2008 - 3537 CIVIL T~":
PETITION TO MODIFY CUSTODY
AND NOW, comes Daniel L. Bankert by and through his attorney, Mark F. Bayley, and
in support of the within petition avers as follows:
1. The Honorable Kevin A. Hess, was previously assigned to the within matter.
2. The Petitioner is Daniel Bankert, (hereafter "Father"), who is residing at 1826
Heishman Gardens, Carlisle, Cumberland County, Pennsylvania, 17013.
3. The Respondent is Deanna Kitner, (hereafter "Mother"), who is residing at the
Cumberland County Prison.
4. The parties are the natural parents of Nickelai Daniel-Lee Bankert (born
September 9, 2007) and Cadence Danielle Bankert (born March 30, 2009).
5. An Order was entered in this matter on August 17, 2011 (attached as "Exhibit
A").
6. Circumstances have since changed in that Mother has been in and out of prison
and is not able to provide an adequate living situation for the children.
7. Father having primary custody is now in the best interests of the children.
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WHEREFORE, Father requests primary custody of the children and the entry of the
attached scheduling order.
Respectfully submitted,
BAYLEY & MANGAN
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Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court ID # 87663
•
DANIEL L. BANKERT : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLANL
vs. : CIVIL ACTION- LAWS'-
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-ID Fri
DEANNA KITNER : NO. 08-3537 c
Defendant : IN CUSTODY r °-n
-
ORDER OF COURT _
AND NOW, this I day of A,, .0(-
, 2011,upon
stipulation by the parties it is hereby directed as follows:
1. All prior Orders in relation to the above docketed matter are hereby
vacated.
2. The parties shall share legal custody of their children,Nickolai Daniel-Lee
Bankert,born September 9,2006 and Cadence Danielle Bankert,born March 30,2009.
3. The parties shall share physical custody on a week-on/week-off basis
with exchanges occurring on Fridays at 6:30 p.m. at the Turkey Hill located on Route 34.
BY THE COURT:
A/
Hon. e in A. Hess
��, Gf
C ' (�cc. `1 Deanna Kitner
✓ id-Penn Legal Services
/Mark F. Bayley, Esquire
DANIEL L. BANKERT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
: IN CUSTODY
DEANNA KITNER,
Defendant : NO. 2008 - 3537 CIVIL T ,' :;+
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77 1
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION
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I, Daniel Bankert, Hereby swear or affirm, subject of penalties of law including '- ,
18 Pa.C.S. §4904 relating to unsworn falsification to authorities that:
1. Unless indicated by my checking the box next to the crime below, neither I nor any other
member of my household have been convicted or pled guilty or plead no contest or was
adjudicated deliquent where the record is publicly available pursuant to the Juvenile Act, 42
Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent
crime in any other jurisdiction, including pending charges:
Date of
conviction,
guilty plea,
no contest
Other plea,or
Check all household pending
that Apply Crime(or related crime) Self member charges Sentence
18 Pa.C.S. Ch. 25 (relating to - E
criminal homicide)
18 Pa.C.S. §2702 (relating to
aggravated assault)
18 Pa.C.S. §2706 (relating to
terroristic threats)
18 Pa.C.S. §2709.1 (relating to
stalking) — —
18 Pa.C.S. §2901 (relating to — —
kidnapping)
18 Pa.C.S. §2902 (relating to
unlawful restraint)
Date of
conviction,
guilty plea,
no contest
Other plea,or
Check all household pending
that Apply Crime(or related crime) Self member charges Sentence
18 Pa.C.S. §2910 (relating to
luring a child into a motor —
vehicle or structure)
18 Pa.C.S. §3121(relating to
rape) —
18 Pa.C.S. §3122.1(relating to — —
statutory sexual assasult)
18 Pa.C.S. §3123(relating to —
involuntary deviate sexual —
intercourse)
18 Pa.C.S. §3124.1(relating to
sexual assault) — —
18 Pa.C.S. §3125(relating to —
aggravated indecent assault)
18 Pa.C.S. §3126(relating to E
indecent assault) —
18 Pa.C.S. §3127(relating to —
indecent exposure) —
18 Pa.C.S. §3129(relating to —
sexuaal intercourse with — —
animals)
18 Pa.C.S. §3130(relating to
conduct relating to sex
offenders)
18 Pa.C.S. §3301(relating to
arson and relating offenses)
18 Pa.C.S. §4302 (relating to —
incest)
18 Pa.C.S. §4303 (relating to —
concealing death of children)
18 Pa.C.S. §4304(relating to
endangering welfare of —
children)
18 Pa.C.S. §4305 (relating to E
dealing in infant children) —
Date of
conviction,
guilty plea,
no contest
Other plea,or
Check all household pending
that Apply Crime(or related crime) Self member charges Sentence
18 Pa.C.S. §5902(b) (relating —to prostitution and related —
offenses)
18 Pa.C.S. §5903(c)or(d)
(relating to obscene and other —
sexual material and
performances)
18 Pa.C.S. §6301 (relating to
corruption of minors)
18 Pa.C.S. §6312 (relating to — —
sexual abuse of children)
18 Pa.C.S. §6318 (relating to
unlawful contact with minors) —
18 Pa.C.S. §6320(relating to
sexual exploitation of children) —
18 Pa.C.S. §6114(relating to —
contempt for violation of —
protection order or agreement)
Driving under the influence of
drugs or alcohol
Manufacture, sale,delivery,
holding,offering for sale or
possession of any controlled
substance or other drug or
device
2. Unless indicated by my checking the box next to an item below, neither I nor any other
member of my householdhave a history of violent or abusive conduct including the following:
A finding of abuse by Children
&Youth Agency or similar
agency in Pennsylvania or —
similar statute in another
jurisdiction
Date of
conviction,
guilty plea,
no contest
Other plea,or
Check all household pending
that Apply Crime(or related crime) Self member charges Sentence
Abusive conduct as defined
under the Protection from — —
Abuse Act in Pennsylvania or —
similar statute in another
jurisdiction
Other:
3. Please list any evaluation, counseling or other treatment received following conviction or
finding of abuse:
4. If any conviction above applies to a household member, not a party, state that person's
name, date of birth and relationship to the child.
5. If you are aware that the other party or members of the other party's household has or
have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my knowledge,
information or belief. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
S-0-474VCZ'°
Signature
Daniel Bankert
Printed Name
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §
4904 relating to unsworn falsification to authorities.
Date Daniel Bankert
DANIEL L. BANKERT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
: IN CUSTODY
DEANNA KITNER,
Defendant : NO. 2008 - 3537 CIVIL TERM
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within
document upon the following by depositing same in the United States mail, postage prepaid, at
Carlisle, Pennsylvania, addressed as follows:
Cumberland County Prison
Deanna Kitner
1101 Claremont Road
Carlisle, PA 17015
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Mark F. Bayley, Esquire
DANIEL L. BANKERT IN THE COURT OF COMMON PLEAS €(' = }
PLAINTIFF � � --c�;-,�'
CUMBERLAND COUNTY, PENNSYLV r—
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2008-3537 CIVIL ACTION LAW ,-r M%
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DENNA KITNER IN CUSTODY
DEFENDANT ='= .-.-
ORDER OF COURT
AND NOW, Wednesday, February 26,2014 , 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 01,2014 9:30 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. 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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court(including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT.
By: /s/ Jacqueline M. Verney, Esq.1
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.
/`j__ `� sy�``'�� Cumberland County Bar Association
�O'� A 32 South Bedford Street
• L£ Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
131-17 J . Vx/
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DANIEL L. BANKERT,
Plaintiff
V.
DENNA KITNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-3537 CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
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AND NOW, this 3`- day of /,.,n ,2014, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as'
follows:
1. The prior Order of Court dated August 17, 2011 is hereby vacated.
2. The Father, Daniel L. Bankert shall have sole legal custody of Nickelai
Daniel -Lee Bankert, born September 9, 2007, Cadence Danielle Bankert, born March 30,
2009 and Keagan Anthony Bankert, born January 26, 2012.
3. Father shall have primary physical custody of the children.
4. Mother shall have periods of partial physical custody as agreed by the
parties.
5. RELOCATION: No party shall be permitted to relocate the residence of
the children which significantly impairs the ability to exercise custody unless every
individual who has custodial rights to the children consents to the proposed relocation or
the court approves the proposed relocation. A person proposing to relocate MUST
comply with 23 Pa. C. S. § 5337.
6. This Order is entered pursuant to 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 THE COURT,
P.J.
C
k F. Bayley, Esquire, Counsel for Father
enna Kitner. Pro se
Cumberland County Prison
1101 Claremont Drive
Carlisle, PA 17013
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DANIEL L. BANKERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-3537 CIVIL ACTION - LAW
DENNA KITNER,
Defendant : IN CUSTODY
PRIOR JUDGE: Kevin A. Hess, P.J.
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 Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Nickelai Daniel -Lee Bankert September 9, 2007 Father
Cadence Danielle Bankert March 30, 2009 Father
Keagan Anthony Bankert January 26, 2012 Father
2. A Conciliation Conference was held in this matter on April 1, 2014, with
the following in attendance: The Father, Daniel L. Bankert, with his counsel, Mark F.
Bayley, Esquire. Mother received notice of the conference; however, she is incarcerated
and did not attend.
3. Counsel for Father orally amended his Petition to Modify Custody to
include Keagan Anthony Bankert.
4. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court
dated August 17, 2011 providing for shared legal and shared physical custody.
5. Father requested an Order in the form as attached.
Date: `-/
eline M. Verney, Esquire
Custody Conciliator