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HomeMy WebLinkAbout09-0423TIFFANY WAGNER, vs. MARK SHARP, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- 'M--3 CIVIL TERM Defendant : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Tiffany Wagner, hereinafter referred to as Mother. Mother resides at 1120 Roxbury Road, Newburg, Cumberland County, Pennsylvania, 17240 2. Defendant is Mark Sharp, hereinafter referred to as Father. Father resides at 946 Bullfrog Valley Road, Hummelstown, Dauphin County, Pennsylvania, 17036. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Gage Sharp 946 Bullfrog Valley Road 11/19/08 DOB, 2 months old Hummelstown, PA Gage was born out of wedlock. Gage is presently in the custody of Father as a result of his refusal to return the child to Mother's custody following a visit on January P 2009. During his lifetime, Gage has resided with the following persons and at the following addresses: Name Address Date Tiffany Wagner 1120 Roxbury Rd. birth -1/3/2009 Patricia Wagner Newburg, PA Amethyst Bobnick Aidan Bobnick Mark Sharp 946 Bullfrog Valley Rd. 1/3/09 - present Danielle Smith Hummelstown, PA Nick (last name unknown) Gracie (last name unknown) 5. Mother lives with the following persons: Name Relationship Patricia Wagner Maternal Grandmother Amethyst Bobnick Child from prior relationship Aidan Bobnick Child from prior relationship 6. It is believed that Father lives with the following persons: Name Danielle Smith Nick Gracie Relationship Girlfriend Child from prior relationship Child from prior relationship 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Gage in this or another court. 8. Mother has no information of a custody proceeding concerning Gage pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Gage or claims to have custody or visitation rights with respect to Gage. 10. Gage's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Gage was born, Mother has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. More importantly, Mother has been the primary provider for Gage's health and nutrition because Gage has been breastfed since birth. b. Mother is fully capable of caring for Gage on a primary basis and has done so since his birth. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Gage and will encourage their father/son relationship. 11. Father has not acted in Gage's best interests in ways including but not limited to the following: a. Father has been arbitrary when it comes to spending time with Gage since Gage's birth. In the two months since Gage's birth, Father has only seen Gage two or three times, and has repeatedly turned down opportunities to see Gage when Mother offered. Father has also stated that he did not want to be involved Gage's life. b. Father has threatened Mother's life, and Mother currently has filed a harassment claim against Father with the State Police. c. Father invited Mother, Gage and Mother's other children to Father's home on January 3, 2009. Father picked up Mother and her children at Mother's house. At Father's house, Father took Gage from the car, went into his house, and locked Mother and her children out of the house, leaving Mother and her other children stranded. Father has subsequently refused to return Gage to Mother's custody. d. Father has questionable parenting skills regarding his other young children and Mother is concerned Gage will receive similar treatment. e. Gage is on medication for reflux, which can worsen without proper understanding and monitoring of the condition. Because of Father's lacking involvement with Gage's daily care, Mother is concerned about Gage's health and welfare while with Father. f. Father has refused to accept or return Mother's calls and has completely denied Mother any contact with Gage since January 3, 2009. g. Father's refusal to communicate with Mother results in Father's inability to ensure that Gage makes his upcoming pediatric appointments which are critical to a growing infant. h. Father's decision to withhold Gage from Mother demonstrates a total disregard for Gage's health and well being in that Gage has been primarily breast-fed since his birth, resulting in a sudden, unexpected change to Gage's diet. L Father has consumed alcohol and used drugs in front of his own children. Father's unsafe behaviors do not provide the safe environment necessary to properly care for a young child. j. Father has threatened to move out of the jurisdiction with Gage within the next month. 12. Every person with rights to custody or having actual physical custody of Gage has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Gage. 2. That Mother shall have primary physical custody of Gage. I That Father shall have periods of supervised visitation at times and places agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with Gage while he is with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Gage during various holidays. 6. Neither party shall consume alcohol or illegal drugs when Gage is in their custody and neither parry shall allow Gage to be exposed to persons who have been consuming alcohol or illegal substances. 7. Any other relief this Court finds just and equitable. Res 1 submitted, e ' a Hols , Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Tiffany Wagner, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ?1 27 ? Date: --? '? Ti ny gner TIFFANY WAGNER, VS. MARK SHARP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09- CUSTODY Defendant AFFIDAVIT OF SERVICE BY MAIL CIVIL TERM I, Jessica Holst, do hereby swear that I served Mark Sharp, with a Complaint For Custody on I&WA 2009 by certified mail, return receipt, restricted delivery, to the person and ddresses below: Mark Sharp 946 Bullfrog Valley Rd. Hummelstown, PA 17036 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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. Date: )' Zit -0?\ Signature: Tu- -i, fAa IT V TIFFANY WAGNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09- IP-3 CIVIL TERM MARK SHARP, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tiffany Wagner, Plaintiff, to proceed in forma ap uperis. I, Jessica Hoist, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providhg free legal services to the party. Jica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 C? ^a cz7a J •r. N ?-: rrd _ v v 7 TIFFANY WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09- ya3 CIVIL TERM MARK SHARP, Defendant : CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Tiffany Wagner, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 1120 Roxbury Road, Newburg, Cumberland County, Pennsylvania 17240. 2. Respondent is the above-named Defendant, hereinafter referred to as Father, who resides at 946 Bullfrog Valley Road, Hummelstown, Dauphin County, Pennsylvania, 17036. 3. The parties are the natural and biological parents of the minor child Gage Sharp, born November 19, 2008. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 5. On January 3, 2009, Father invited Mother, Gage and Mother's other children to Father's home on January 3, 2009. Father picked up Mother and her children at Mother's house. At Father's house, Father took Gage from the car, went into his house, and locked Mother and her children out of the house, leaving them stranded. Father has subsequently refused to return Gage to Mother's custody. 6. Defendant is not acting in Gage's best interests for reasons including, but not limited to, the following: a. Father has been arbitrary when it comes to spending time with Gage since Gage's birth. In the two months since Gage's birth, Father has only seen Gage two or three times, and has repeatedly turned down opportunities to see Gage when Mother offered. Father has also stated that he did not want to be involved Gage's life. b. Father has threatened Mother's life, and Mother currently has filed a harassment claim against Father with the State Police. c. Father invited Mother, Gage and Mother's other children to Father's home on January 3, 2009. Father picked up Mother and her children at Mother's house. At Father's house, Father took Gage from the car, went into his house, and locked Mother and her children out of the house, leaving Mother and her other children stranded. Father has subsequently refused to return Gage to Mother's custody. d. Father has questionable parenting skills regarding his other young children and Mother is concerned Gage will receive similar treatment. e. Gage is on medication for reflux, which can worsen without proper understanding and monitoring of the condition. Because of Father's lacking involvement with Gage's daily care, Mother is concerned about Gage's health and welfare while with Father. f. Father has refused to accept or return Mother's calls and has completely denied Mother any contact with Gage since January 3, 2009. g. Father's refusal to communicate with Mother results in Father's inability to ensure that Gage makes his upcoming pediatric appointments which are critical to a growing infant. h. Father's decision to withhold Gage from Mother demonstrates a total disregard for Gage's health and well being in that Gage has been primarily breast-fed since his birth, resulting in a sudden, unexpected change to Gage's diet. i. Father has consumed alcohol and used drugs in front of his own children. Father's unsafe behaviors do not provide the safe environment necessary to properly care for a young child. j. Father has threatened to move out of the jurisdiction with Gage within the next month. 7. Mother is the parent who can best provide for Gage for reasons including, but not limited to, the following: a. Since Gage was born, Mother has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. More importantly, Mother has been the primary provider for Gage's health and nutrition because Gage has been primarily breastfed since birth. b. Mother is fully capable of caring for Gage on a primary basis and has done so since his birth. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Gage and will encourage their father/son relationship. 8. Without this Court's intervention, Gage is at risk of being harmed emotionally and physically. Gage is at risk of emotional harm by being denied contact with Mother, the person who has been his primary caretaker since birth. Gage is at risk of physical harm because Defendant is not familiar with Gage's medical conditions, is not familiar with the necessary pediatric appointments already scheduled for Gage, has unilaterally and without medical input changed Gage's diet which has been based primarily on being breastfed by Mother, and does not know how to properly care for him. Furthermore, Defendant's questionable and inappropriate activities in front of his own children suggest that Gage may be subjected to a dangerous environment. WHEREFORE, Mother respectfully requests that the Court order the following: a. That Defendant shall immediately return Gage to Mother's custody. b. That this matter shall be scheduled for an expedited custody conciliation to determine a more specific custody schedule regarding Gage. C. That until the conciliation the parties shall have shared legal custody of Gage. d. That until the conciliation, Mother shall have primary physical custody of Gage. e. That until the conciliation, Defendant shall have periods of supervised visitation at times and places as agreed to by the parties. f. Until further Order, Defendant shall not remove Gage from Cumberland or Dauphin Counties. g. Any other relief this Court finds just and equitable. JessJHblst, Esquire Mid enn Legal Services 401 E. Louther Street Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, Tiffany Wagner, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 7/c- Date: Vl C ff y Wagner TIFFANY WAGNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09- CIVIL TERM MARK SHARP, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Mark Sharp, with a Petition for Special Relief on q, 2009 by certified mail, return receipt, restricted delivery, to the Al 4. lvwl4zl r.-- person and address below: Mark Sharp 946 Bullfrog Valley Rd. Hummelstown, PA 17036 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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. Date: I • a--? • or, Signature C'7 rv Cam", ..l !l TIFFANY WAGNER, VS. MARK SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- `13 CIVIL TERM Defendant CUSTODY RULE TO SHOW CAUSE AND NOW, this 30' day of 2009, upon consideration of Petitioner's Petition for Special Relief: 1. A rule is issued upon Defendant, Mark Sharp, to show cause why Petitioner's Petition for Special Relief should not be granted. 2. Any party desiring to file an answer to the Petition for Special Relief must do so within seven (7) days of service of this Rule to Show Cause. 3. Notice of the entry of this Order shall be provided to all parties by MidPenn Legal Services. IC, I ?? x• - ti 1-, r P t..? Distribution: Jessica Hoist, Esquire XdPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Mark Sharp 946 Bullfrog Valley Rd. Hummelstown, PA 17036 TIFFANY WAGNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-423 CIVIL ACTION LAW MARK SHARP IN CUSTODY DEFENDANT O$I)ER OF COURT AND NOW, Tuesday, February 03, 2009 , 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 Monday, March 02, 2009 at 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. FOR THE COURT, By: /s/ ac ueline M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cunt berland 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 Ilk f-? 2 vlwp, Wes' U .? E- 83 Z L(9-lull, 40 ? y TIFFANY WAGNER Plaintiff/Petitioner vs. MARK SHARP, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-423 CIVIL TERM CUSTODY PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF To the Prothonotary: Please withdraw without prejudice the Petition for Special Relief brought by Plaintiff, Tiffany Wagner, in the above captioned case. ,J0!(si wIs N Esquire MID LEGAL SERVICES 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 I.D. # 82214 0 .,?' ?- ca.. '`? S I .: ' e VERIFICATION The above-named PETITIONER, Tiffany Wagner, verifies that the statements made in the above Praecipe to withdraw Petition for special Relief are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ozj/oq_ ?- v T f y agner I, Tiffany Wagner., direct MidPenn Legal Services to file a Praecipe with Withdraw Petition for Special Relief (Wagner v. Sharp, 07-0563). I understand that upon entry of an Order in this matter that the Court will withdraw the Petition for Special Relief filed on January 27, 2009. In addition, I request that no further litigation be filed on my behalf concerning the Petition for Special Relief. I understand that MidPenn Legal Services will continue to represent me concerning my Custody Complaint. I have been advised by MidPenn Legal Services staff that I can contact their offices in the future if I need legal assistance in this or any other matter handled by their program, and that if I meet the program's requirements, they may be able to assist me. Date: (2!4 Tiff-,6y' W er, Plaintiff - ---rz> 0 -d 200 TIFFANY WAGNER, Plaintiff V. MARK SHARP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009423 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this `I" day of fk" ,, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tiffany Wagner and the Father, Mark Sharp, shall have shared legal custody of Gage Sharp, born November 19, 2008. 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. §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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Beginning March 6, 2009, alternating weekends from Friday at 11:00 a.m. to Saturday at 11:00 a.m. B. After two months of the schedule listed in paragraph 3A, alternating weekends from Friday at 11:00 a.m. to Sunday at 11:00 a.m. C. Such other times as the parties agree. 1: 4. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 2:00 p.m. to Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. to December 26 at 2:00 p.m. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. B. Mother shall have physical custody of the child on Mother's Day from 11:00 a.m. to 8:00 p.m. Father shall have physical custody of the child on Father's Day from 11:00 a.m. to 8:00 p.m. C. Thanksgiving shall be alternated from 11:00 am. to 8:00 p.m. Father shall have physical custody of the child in odd numbered years and Mother shall have physical custody of the child in even numbered years. D. Easter shall be alternated from 11:00 a.m. to 8:00 p.m. Mother shall have physical custody of the child in odd numbered years and Father shall have physical custody of the child in even numbered years. 5. Transportation shall be shared such that the parties shall meet at the Walmart on 181 in Carlisle. If Mother is without transportation, then Father shall be responsible for all transportation. 6. Mother and Father shall make an effort to promptly answer or return all of each other's telephone calls with regard to the child. 7. If the child is transported in a motor vehicle, the vehicle shall be operated by a licensed driver. 8. Neither party may remove the child from the Commonwealth of Pennsylvania without the written consent of the other parent. 9. Mother and Father shall notify each other of all medical care the child receives while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 10. Neither parent may do or say anything nor permit a third party from doing or saying anything that may estrange the child from the other party, of injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 11. 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. A telephone Custody Conciliation Conference is scheduled for May 5, 2009 at 8:30 a.m. BY THE COURT, cc?` Christine Mathias, certified legal intern, Counsel for Mother Z Jessica Holst, Esquire, Mid Penn Legal Services /Gail Torodash, certified legal intern, Counsel for Father Anne MacDonald-Fox, Esquire, Family Law Clinic. 0-or'es n,a?lsd? CD - C ` .3 1 ,2 'Q ? A L. da C C TIFFANY WAGNER, Plaintiff V. MARK SHARP, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009423 CIVIL ACTION - LAW : 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 Gage Sharp November 19, 2008 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on March 3, 2009, with the following in attendance: The Mother, Tiffany Wagner, with her counsel, Christine Mathias, certified legal intern, and Jessica Holst, MidPenn Legal Services and the Father, Mark Sharp, with his counsel, Gail Torodash, certified legal intern and Anne MacDonald-Fox, Esquire, Family Law Clinic. 3. The parties agreed to an Order in the form as attached. 3-y -o Date ac line M. Verney, Esquire Custody Conciliator MAR 0 4 2009 4 TIFFANY WAGNER IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-423 CIVIL TERM MARK SHARP, : Defendant/Respondent CUSTODY ORDER OF COURT AND NOW, this 94.- day of m" 2009, upon consideration of the Praecipe to Withdraw Petition filed on behalf of Plaintiff, Tiffany Wagner, the Petition for Special Relief is withdrawn without prejudice. By the Court, Judge stribution: Jessica Holst, Esquire 401 East Louther Street Carlisle, PA 17013 -' Gail Torodash, certified legal intern for the Defendant Penn State Dickinson Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 3/s?oQ u L ? .r MAY i 3ZOIy h -1 TIFFANY WAGNER, Plaintiff V. MARK SHARP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-423 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this IVM day of ? , 2009, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. q_, of the Cumberland County Court House, on the IQ th day of , 2009, at 1,36 o'clock, &. M., at which time testimony will b taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated March 4, 2009 shall remain in full force and effect with the following addition. 3. Father shall have physical custody of the child for two non-consecutive weeks in the summer, provided he gives Mother 30 days prior notice. BY THE COURT, 5?1r/M ?Megan Riesmeyer, Esquire, Family Law Clinic 1 Torodash certified legal intern counse for Father Kevin . Hess, cc". Jessica Holst, Esquire, counsel for Mother J. ?4no C 0 :;;1 W : { AN 60oz e TIFFANY WAGNER, Plaintiff V. MARK SHARP, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-423 CIVIL ACTION - LAW : 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 Gage Sharp November 19, 2008 Mother 2. A telephone Conciliation Conference was held on May 5, 2009 with the following individuals in attendance: Counsel for Mother, Jessica Holst, Esquire, and Counsel for Father, Gail Torodash, certified legal intern and Megan Riesmeyer, Esquire, Family Law Clinic. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated March 4, 2009 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Father has requested two non-consecutive weeks in the summer, which Mother opposes. She does not believe Father is ready to have physical custody of the child for an extended period of time. 5. Father's position on custody is as follows: Father seeks shared legal custody and periods of partial physical custody on alternating weekends and two non- consecutive weeks in the summer. He asserts that he is capable of caring for the child for extended periods. a 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo with the addition that Father have two non- consecutive weeks in the summer. It is expected that the Hearing will require one-half day. !57- 9 -0 7 if " - Date ac eline M. Verney, Esquire Custody Conciliator TIFFA Y WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW IN CUSTODY MARK SHARP, Defendant : NO. 2009-423 CIVIL TERM MOTION FOR CONTINUANCE ndant, Mark A. Sharp, by and through his attorneys, the Family Law Clinic, requests a continuance of scheduled hearing and in support thereof states the An Order of Court, dated May 14, 2009, scheduled a hearing in Court Room No. 4, of the Cumberland County Court House, on June 19, 2009 at 1:30 p.m. Due to a scheduling conflict with Defendant's attorneys, the Family Law Clinic, no supervising attorney is available to represent Defendant on June 19, 2009. . The Family Law Clinic sought concurrence to this motion from opposing Jessica Holst, Esquire, on May 18, 2009; opposing counsel concurred. The judge assigned to this case is the Honorable Judge Kevin A. Hess. Plaintiff requests a continuance of the June 19, 2009 hearing, for the aforementioned reason. Respe y Subm' ed, Date: May 22, 2009 Adam Britcher Certified Legal Intern MEG RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 VERIFICATION verify that the statements made in this Motion for Continuance are true and correct to the best of my personal knowledge and belief. I understand that false herein are made subject to the penalties qf41 a.C. 4904, relating to falsification to authorities. 2/Dq Date ADAM BRITCHER CERTIFIED LEGAL INTERN 1?+ 1l?Y G C. Ty TIFFANY WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY MARK SHARP, Defendant : NO. 2009-423 CIVIL TERM CERTIFICATE OF SERVICE I, Adam Britcher, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving, via United States Mail, First Class, a true and correct copy of the MOTION FOR CONTINUANCE on counsel for Plaintiff, Jessica Holst, Esquire at 401 East Louther Street, Carlisle, PA 17013, on May 22, 2009. I verify that the statements made in this Certificate of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsw VZ2 Jy Date Certified Legal Intern E- 70, 7C ,Y (2 2 FiI 2: ID F-,L ,.. , • i? TIFFANY WAGNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY MARK SHARP, Defendant : NO. 2009-423 CIVIL TERM ORDER OF COURT AND NOW, this a?91day of , 2009, upon consideration of the attached Motion for Continuance, the motion is granted and the custody hearing originally scheduled for June 19, 2009 is continued to zvn 2Z- /'',jaIn BY THE COURT: Distrib Oon to: ?Jessica Holst, Esquire For Plaintiff 401 East Louther Street Carlisle, PA 17013 ,,,-'Family Law Clinic For Defendant 45 North Pitt Street Carlisle, PA 17013 Ccyp oes Mal' LCL s?a.S/ oq .e3.. ?.,. .... y r !? •? `?! ?t fem. 1 ? ? AUG 14 2009 TIFFANY WAGNER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: ?009 - 423 CIVIL ACTION -LAW MARK SHARP, IN CUSTODY Defendant ORDER AND NOW, this ~ ~ ~ day of .fly, 2009, on consideration of the attached Stipulation, 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: ~~ Kev~ A. Mess, Judge ,~ ~_ .~, Fl~,w.~~ ~,=i-u~ THE ~;w, ,,T, ~~~i,~ i i ~4Y ~• 2~~4 ~,~s~ 17 n~~~ ! ! ~ ~ ~.~ -.~; ~: ~, - ;•., r7/~ ~ /~ " l.. l EIS ~'Yt~ l ~4G~, ~"Q Y f - ~lol~ Y