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HomeMy WebLinkAbout09-1666Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com MELISSA L. GORNIK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9 - /Z G G Ct ;.J -7-t4, EDWARD D. CAMPBELL, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Melissa L. Gornik, by her attorneys, Purcell, Krug & Haller, and files the following Custody Complaint: 1. The Plaintiff is Melissa L. Gornik (hereinafter "Mother"), an adult individual residing at 4525 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Edward D. Campbell (hereinafter "Father"), an adult individual residing at 102 Dorsey Lane Extension, Dillsburg, York County, Pennsylvania. 3. Plaintiff seeks sole legal and primary physical custody of the following children: Name Date of Birth/Age Kayla N. Campbell Ashley M. Campbell 4/19/2003 - age 5 03/4/2004 - age 5 The children reside at 4525 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 1 4. The children were born out of wedlock. 5. The children are presently in the custody of Mother. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Melissa L. Gornik & Edward D. Campbell Melissa L. Gornik & Edward D. Campbell 107A Lockwillow Avenue Harrisburg, PA 17112 4525 Rolo Court Mechanicsburg, PA 17055 Dates 4/19/03 - 3/06 3/06 -1 /29/09 Melissa L. Gornik 4525 Rolo Court 1/29/09 - Present Mechanicsburg, PA 17055 7. Plaintiff currently resides with the following persons: N/A 8. Defendant currently resides with the following persons: Mr. & Mrs. Joseph Yentzer. 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be served by granting Mother the relief requested. 13. The parties have reached a Custody Stipulation with Order of Court, which shall be filed contemporaneously with this Complaint. 2 WHEREFORE, the Plaintiff requests that this Honorable Court grant her sole legal and primary physical custody of Kayla N. Campbell and Ashley M. Campbell with Father having visitation as set forth in the Custody Stipulation Agreement and Order filed contemporaneously herewith. PURCELL, KRUG &J*LLER ront Street Harrisburg, PA 17102 I.D. No. 16826 (717) 234-4178 Attorney for Plaintiff Date: 3 ` l7 -au 0 VERIFICATION I, Melissa L. Gornik hereby verify that the facts contained in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:: b _ T d ` o P-o Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com MELISSA L. GORNIK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 . /? G G C'l Tom. EDWARD D. CAMPBELL, Defendant CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT AND NOW, this day of , 2009, the Plaintiff, Melissa L. Gornik, residing at 4525 Rolo Court, Mechanicsburg, PA, (hereinafter referred to as "Mother") and the Defendant, Edward D. Campbell, residing at 102 Dorsey Lane Extension, Dillsburg, PA (hereinafter referred to as "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor children, it is hereby ORDERED AND DECREED as follows: 1. Mother shall have sole legal custody of Kayla N. Campbell, born April 19, 2003, and Ashley M. Campbell, born March 4, 2004. 2. Mother shall have primary physical custody of Kayla N. Campbell, born April 19, 2003, and Ashley M. Campbell, born March 4, 2004, subject to Father's visitation, upon which the parties may agree from time to time. 3. No-Conflict Zone: Both parents shall establish a no-conflict zone for the children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties to make such comments in the presence of the children, whether the children are sleeping or awake. Each parent shall speak respectfully of the other, regardless of whether the other reciprocates. Each parental figure shall refer to the other by the appropriate role name, such as Mom, Dad, etc. Each parent shall refrain from encouraging the children to provide reports or tell stories about the other parent or his household. Communication shall always take place directly between the parents, without using the children as intermediaries. Each parent shall encourage the children to send appropriate holiday and birthday cards to the other parent. 4. Smoke Free/Alcohol Free Environment: Neither parent shall smoke cigarettes or drink alcohol around the children. Each party shall do his or her best to enable the children to avoid exposure to cigarette smoke. 5. Counsel: Each of the parties have been advised by counsel of his or her choice or had the opportunity to be so advised concerning the meaning, operation and effect of this Stipulation, which will be entered as an Order of Court. With such understanding, the parties have knowingly and willfully agreed to this Stipulation. 6. Order of Court: This Custody Stipulation and Agreement shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: Cvmmo?w???? STATE.- 9F PENNSYLVANIA COUNTY OF t' u r,,h r L,-A SS: ?y1r? o ?? A J1. Fe 7& Melissa L. Gornik jj?? Edward D. mpbell On this, the 116'' day of W&g 3% ., 2009, before me, the undersigned officer, personally appeared MELISSA L. GORNIK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the foregoing CUSTODY STIPULATION AND AGREEMENT and acknowledged that she executed the same for the purposes and considerations therein expressed. COUNTY OF IN WITNESS WHEREOF, I hereunto se my d and official seal. f COMMONWEALTH OF PENNSYLVANIA Y ' -- NOTARIAL SEAL Notary Public LINDA SAWYER, Notary Public My Commission expires: M Camp Hill Born, Cumberland County y??m Expires February 12, 2013 -ST 4E- OF PENNSYLVANIA SS: On this, the L day of 2009, before me, the undersigned officer, personally appeared EDWARD D. CAMPBELL, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the foregoing CUSTODY STIPULATION AND AGREEMENT and acknowledged that he executed the same for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I hereunto set m and and Uofffic seal. -gOMMONWEALTH OF PENNSYLVANIA _ NOTARIAL SEAL Notary Public LINDA SAWYER, Notary Public My Commission expires: OZ 11 w-':?0?3 Camp Hill Boro, Cumberland Courtly My Commission Expires February 12, 2013 i...1 ?D -r, _"a f fit-PC a ?OM MELISSA L. GORNIK, vi. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA EDWARD D. CAMPBELL, Defendant NO. (? ?La?? Civ? LM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW this day of /' ` , 2009, the attached Custody and Settlement Agreement is hereby entered as an Order of this Court. BY T Judge Di ibution oward B. Krug, Esquire, 1719 N. Front Street, Harrisburg, PA 17102 .,Oward D. Campbell, 102 Dorsey Lane Extension, Dillsburg, PA 17019 _n r M10 o ? j arty V+i NnaJ.. C .S WV '1Z NVW 6001 A8ViQ JHiGL4d 3Hl ?o Melissa L. Gornik, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW ~ ~ _; Edward D. Cam bell : ~ CUSTODY ~~ t~ L_ p rn` c~-,~ ~ ~ ~~ Defendant : NO. 09-1666 CIVIL TERM; ; --~- ;.:~ Y ~ ,. ~ `: PRAECIPE TO PROCEED IN FORMA PAUPERIS ~' ~ c •~:T c' To the Prothonotary: ~°= ~{ Kindly allow Edward Campbell, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date: June 16, 2010 ~~ ~~_, Patrick Scha er Certified Legal Intern ~~ ROBER E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 o .~ MELISSA L. GORNIK PLAINTIFF V. EDWARD D. CAMPBELL DEFENDANT ORDER OF COURT AND NOw', _Wednesday, June 23, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor,,, Cumberland Cou~Courthouse, Carlisle on Friday, July 30, 2010 at 8:30 AM for aPre-l-Icarin~, Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i f 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 12elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Hubert X. Gllro Es . Custody Conciliator I'he 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 a~ ailahle to disabled individuals having business before the court, please contact our oftice. 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 AT"I~ORNEY OR CANNOT AFFORD ONE, GO TO UR TELEPHONE THE OFFICE SET FOR"I'I{ BELOW TO FIND OUT WI-IERE YOU CAN GET LEGAL HELP. n C mberland County Bar Association ~ v n' 32 South Bedford Street mr~.' ~ 't'b ~•QMi~ ~w _~.i 1C~-C, Carlisle, Pennsylvania l 7013 =~ ~.~.- ~ _ .r Telephone (717) 249-3166 ~~~ t ~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2009-1666 CIVIL ACTION LAW IN CUSTODY troc.< <cc~ ~i-o ~. ,.. A ~ C -; ~ 3d ~ ~. N ---t- ~ ~~ cT -•C Co;~~t•l0 Co~ y~lacxd in AH~t G~(ro~'s -~Ie. 0 MELISSA L. GORNIK IN THE COURT OF COMMON PLEAS OF Pt.,'1IN"t IFF CUMBERLAND COUNTY, PINNSYI_,VAMA ~ n r., 2009-1666 CIVIL ACTIC)N LAW ~ = ~. o `~' -n 't:t ~ c~ ~ r ',' '' i eW " ~7~ F,DWARD U. CAMPBELL °~~ " , " ~ ~.~ IN CUSTODY ~' ' "=~~ a ~ ' ~- _ - ~ 0121)ER OF COURT ~ c,>~ ._. ..c ___ ANL NOW, Monda ,June 28,_____ __ __~_ 2010 _ ,upon consideration of the attached Compl aint, it is hereby directed that parties and their respective; counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor , Cumberland_County Courthouse, Carlisle on _ __ Friday, July 30, 2010 at 8 30 AM for a i're-E lcarin~~ Custody Conference. At such confErene~;, an effort will be made to resolve the issues in dispute; or ifthis cannot he 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 I:rounds for entry of a temporary or permanent order. ~Che court hereby directs the parties to furnish any and aJl existing Protection from Abuse orders, S~~ccial lZetiel' orders, and Custody orders to the conciliator ~8 hours prior to scheduled hearing. L`,2S/~v_ ~3~ . FOR "I'HE C'OURT'. ~~rrtib~y ~Gt.1 RAY {•,// / By: /s/ Hubert X. Gilr~E~ ~, ~ -~ ~''~'~( ~• ~• ~/ ~ C.'ustody Conciliator ~~. f' • l~~r~ it~J n rv Y ~, -. The Court of Common Pleas of Cumberland County is required by law to comply with~e A~cieriea~ with Uitiabilites Act of 1990. For information about accessible facilities and reasonable acco~ ~~~dati -~ - `~' i ~ arailahle to disabled individuals having business before the courC, please contact ou.r office, A~3`tii'ran ~men~.` r-' must he made at least 72 hours prior to any bearing or business before the court. Y~,)u must at~~i~~theied~~~~' eon ferenec or hearin~~. - ~ - ~~.:: ~ F ; YOU SHOUL.I) "TAKE THIS PAPEK TO YOUR ATTORNEY AT ONCE. IF YC>~~~~~0 N,~T >;`+~ :- { 1 ~y I: ~N AZ T C)FZNEY C)R CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIE SF~~' ~F ' FOR"l~H BF:t_OW TO f1ND OUT Wl~{ERE YOU CAN GET LEGAL I-IELP. ~' ~ Cumberland County Bar .Association ~? South Bedford Street Carlisle, Pennsylvania 17013 '~felephone (717) 249-> 166 ~~ ~~~-~~ ~~ ~~ 3 JUL 3020i~ MELISSA L. GORNIK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, No. 09-1666 CIVIL ACTION LAS c _ ,r EDWARD D. CAMPBELL, IN CUSTODY ~ `! ,~ ~..F Defendant ~ . W , - ; ~ - _ ~ ,_ ~ ~, Prior Judge: Edward E. Guido, J. - ~ :_`~~., ORDER OF COURT ~ ~~:' AND NOW this day of August 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order of Court dated March 23, 2009 entered in this matter is hereby VACATED and replaced .with the instant Order. 2. Father's Petition for Contempt is hereby DISMISSED. 3. Legal Custody: The Father, Edward Campbell, and the Mother, Melissa Gornik, shall have shared legal custody of Kayla N. Campbell, born 04/19/2003 and Ashley M. Campbell, born 03/04/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. 4. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's supervised visitation as follows: a. Commencing 07/31/10, Father shall have supervised visitation with the Children every Saturday starting at 2:00 pm for a few hours as the parties may agree in a public setting. Said supervisor shall be maternal grandmother, Sari Fischer, or some other appropriate adult as the parties may agree. b. After Father has undergone an abbreviated psychiatric evaluation (with the primary question to be answered is whether Father poses any risk of harm to the subject Children), Father shall have supervised visitation with the Children every Saturday from 2:00 pm unti15:00 pm at an agreed upon location. Said supervisor shall be maternal grandmother, Sari Fischer, or some other appropriate adult as the parties may agree. c. This supervised visitation shall continue until the scheduled status conference with the assigned conciliator absent some unforeseen emergency whereby counsel are authorized to directly contact the assigned conciliator for an expedited conference. The parties may alter said schedule/conditions by written agreement of the parties. d. Father shall have additional supervised visitation of the Children at such other times as the parties may mutually agree. 5. Mental health treatment/medication/psychiatric evaluation: Father has agreed to, and shall, resume mental health treatment with a qualified appropriate professional(s); i.e. therapist/counselor and psychiatrist. Father has agreed to, and shall, adhere to his treating professional's recommendations in regard to therapy/counseling and taking mental health medication as recommended. It is understood that Father may not be recommended to take any mental health medication. Father has further agreed to, and shall, have an abbreviated psychiatric evaluation with a qualified professional. Father shall endeavor to utilize the professional services of Dr. John Hume for said evaluation. The purpose of said evaluation is to ascertain whether Father poses a risk of harm to his Children and whether Father should be on medication. 6. The non-custodial parent shall have telephone contact with the Children on a reasonable basis. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children'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 Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Furthermore, neither parent shall smoke cigarettes in confined places when the Children are in their respective custody. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. A status conference is here>~ scheduled for September 14, 2010 at 10:00 am at the Court of Common Pleas, Carlisle, PA 17013 with the assigned conciliator. 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. e Court, J. D~atf-ibution: H and Krug, Esq., 1719 N. Front Street, Harrisburg, PA 17012 ~The~amily Law Clinic, Anne MacDonald-Fox, Esq. ~hn J. Mangan, Esquire ~O t ~£S' rYL`a t S ~`~ -`~1 . MELISSA L. GORNIK, Plaintiff v. EDWARD D. CAMPBELL, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1666 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custod~of Kayla N. Campbell 04/19/2003 Primary Mother Ashley M. Campbell 03/04/2004 Primary Mother 2. An Order of Court was issued March 23, 2009 and a Conciliation Conference was held with regard to this matter on July 29, 2010 in regard to Father's Petition for Contempt and Petition for Modification with the following individuals in attendance: The Mother, Melissa Gornik, with her counsel, Howard Krug, Esq. The Father, Edward Campbell, with his counsel, The Family Law Clinic, Anne MacDonald-Fox, Esq. and Patrick Schaeffer, legal intern. 3. The parties agreed to the entry of an Order in the form as attached. r ~ Date John J an, Esquire Cust dy nciliator ~. MELISSA L. GORNIK, Plaintiff v. EDWARD D. CAMPBELL, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1666 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ~ day of October 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Orders of Court entered in this matter are superseded with the instant Order. ^_ 2. Leal Custody: The Father, Edward Campbell, and the Mother, Melissa Gornik, shall have shared legal custody of Kayla N. Campbell, born 04/19/2003 and Ashley M. Campbell, born 03/04/2004. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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 Children subject to Father's supervised visitation as follows: a. Father shall have supervised visitation with the Children every Saturday starting at 2:00 pm until 5:00 pm in a public setting. Said supervisor shall be maternal grandmother, Sari Fischer, or some other appropriate adult as the parties may agree. It is understood that Ms. Fischer need not be in the immediate vicinity but rather in the general vicinity while the custodial periods take place. The intent is for the Father to have quality one on one time with the girls but also to ensure that the supervisor is nearby. b. Father shall have additional supervised visitation, or unsupervised visitation, with the Children at such other times as the parties may mutually agree. 4. Mental health treatment/medication/psychiatric evaluation: Father has agreed to, and shall, resume/continue mental health treatment with a qualified appropriate professional(s); i.e. therapist/counselor and psychiatrist. Father has agreed to, and shall, adhere to his treating professional's recommendations in regard to therapy/counseling and taking mental health medication as recommended. It is understood that Father may not be recommended to take any mental health medication. Father has further agreed to, and shall, have an abbreviated psychiatric evaluation with a qualified professional. The purpose of said evaluation is to ascertain whether Father poses a risk of harm to his Children and whether Father should be on medication. 5. The non-custodial parent shall have telephone contact with the Children on a reasonable basis. It has been agreed upon that Father shall have telephone contact between 5:00 pm and 6:00 pm 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to dispazage the other pazent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Furthermore, neither parent shall smoke cigarettes in confined places when the Children aze in their respective custody. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Either party may request a conference with the assigned conciliator within ninety (90) days of the instant Order. The parties are allowed to directly contact the conciliator to schedule said conference. 10. 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. ,.. _. y the Co , .~ Dis 'bution: azd Krug, Esq., 1719 N. Front Street, Harrisburg, PA 17012 ~e Family Law Clinic, Anne MacDonald-Fox, Esq. ohn J. Mangan, Esquire J ~ ~~ --~ ~ ~:+ _;~ .iii' t ~:;4.=a '~`' Ci"~ __;C~ s~ ~ ~~ ~ ~ ~(~i ~ ~ i.l"4 MELISSA L. GORNIK, Plaintiff v. EDWARD D. CAMPBELL, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1666 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kayla N. Campbell 04/19/2003 Primary Mother Ashley M. Campbell 03/04/2004 Primary Mother 2. An Order of Court was issued March 23, 2009 and a Conciliation Conference was held with regard to this matter on July 29, 2010 in regard to Father's Petition for Contempt and Petition for Modification, an Order was issued August 3, 2010, a telephone conference was held August 10, 2010 and a status conference was held September 14, 2010 with the following individuals in attendance: The Mother, Melissa Gornik, with her counsel, Howard Krug, Esq. The Father, Edward Campbell, with his counsel, The Family Law Clinic, Anne MacDonald-Fox, Esq. and Patrick Schaeffer, legal intern. 3. The parties agreed to the entry of an Order in the form as attached. ~ ~ ~- ~--- Date Jo J. angan, Esquire C st y Conciliator J?-FP Melissa L. Gornik, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL?LpN14 f rnc,o v. : CIVIL ACTION - LAW = IN CUSTODY Edward Campbell, o _ , s Defendant : NO. 09-1666 CIVIL TERM tc,,, r; PETITION TO MODIFY CUSTODY ORDER' 1. The petition of Edward Campbell ("Father"), by his attorneys, the Community Law Clinic, respectfully represents that on October 6, 2010, an Order of Court was entered for custody of Kayla N. Campbell born April 19, 2003, and Ashley M. Campbell, born March 4, 2004, a true and correct copy of which is attached. Under the existing Order, the parties have shared legal custody. Melissa Gornik ("Mother") has primary physical custody of the children. Father has supervised visitation with the children. Visitation is to take place each Saturday from 2:00 pm until 5:00 pm in a public setting. The supervisor is to be maternal grandmother, Sari Fischer, or another adult agreed upon by the parties. 2. This Order should be modified because: a. Sari Fischer is no longer able to supervise the visits and the parties have been unable to agree upon another supervisor. b. Mother's husband, Al Gornik, has been consistently present at visitation and has interrupted Father's time with his children. On February 18, 2012 Father had to call the police because of a dispute between Mr. Gornik and Father during visitation. c. Mother consistently schedules other activities for the children during the period on Saturdays when visitation is supposed to occur. When this occurs Mother does make the children available at other times, but she does not make any concessions for Father's schedule, and presents an alternate time on a "take-it-or-leave-it" basis. d. When Father is unable to attend the Saturday visitation, Mother refuses to reschedule. 3. Concurrence from opposing counsel, Howard B. Krug, Esq., has been sought but not received. 4. The Honorable Judge Edward E. Guido has previously ruled in this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father unsupervised visitation with his children in a public setting on either Saturday or Sunday of each week because it will be in the best interest of the children. Date: 96 / cOp' Anna Strawn Certified Legal Intern MEG RIESMEYER THOMAS M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX Supervising Attorneys COMMUNITY LAW CLINIC 371 W. South St. Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 4 A Edward Campbell CERTIFICATE OF SERVICE I, Anna Strawn, Certified Legal Intern, the Community Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on Melissa Gornik by her attorney Howard Krug, 1719 N. Front Street, Harrisburg, PA 17012, by first class U.S. Mail, postage prepaid, this 1 day of "- S? , 2012. Anna Strawn Certified Legal Intern COMMUNITY LAW CLINIC 371 W. South St. Carlisle, PA 17013 717-241-3596 MELISSA GORNIK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1666 CIVIL ACTION LAWS EDWARD CAMPBELL -'"> ca ' IN CUSTODY DEFENDANT ORDER OF COURT - AND NOW, Tuesday, August 07, 2012 , upon consideration of the attached. Complai it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the co ciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 30, 2012 at 9:3 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/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Ame 'cans 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 ? ??,,y,, ?? Law 12 I 2 c