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Home My WebLink About04-2567KERRI J. KIRK, Plaintiff V, ROY L. KIRK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~1'~ -- c~5'(¢7 CIVIL ACTION- LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Kerri J. Kirk, residing at 110 W. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Roy L. Kirk, residing at 905 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff seeks primary physical and joint legal custody of the following children: NAME PRESENT RESIDENCE D.O.B. Justin Kirk 110 W. Keller Street, Mech., PA 2/23/91 and 905 Scottish Court, Mech., PA Jason Kirk 110 W. Keller Street, Mech., PA 3/10/94 and 905 Scottish Court, Mech., PA Jeremy Kirk 110 W. Keller Street, Mech., PA 9/12/96 and 905 Scottish Court, Mech., PA The children were not born out of wedlock. The children are presently in the custody of Kerri J. Kirk who resides at 110 W. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania and Roy L. Kirk who resides at 905 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses. NAME ADDRESS DATES Kerri Kirk Jason Kirk Justin Kirk Jeremy Kirk David Frank 110 West Keller Street Mechanicsburg, PA May 2004 - present Roy Kirk Jason Kirk Justin Kirk Jeremy Kirk Arieta Kirk 905 Scottish Court Mechanicsburg, PA September 2003- present Kerri Kirk Jason Kirk Justin Kirk Jeremy Kirk 110 West Keller Street Mechanicsburg, PA August 2002 - May 2004 Kerri Kirk Jason Kirk Justin Kirk Jeremy Kirk 495-B Glenn Street Mechanicsburg, PA August 2001 - August 2002 Kerri Kirk Jason Kirk Justin Kirk Jeremy Kirk 344 Catalpa Circle Bowling Green, KY August 2000 - August 2001 Kerri Kirk Roy Kirk Jason Kirk Justin Kirk Jeremy Kirk 344 Catalpa Circle Bowling Green, KY August 1999 - August 2000 The mother of the child is Kerri J. Kirk, currently residing at 110 Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. She is not married. The father of the child is Roy L. Kirk, currently residing at 905 Scottish Court, Mechanicsburg, Cumberland County, Pennsylvania. He is married. -2- currently resides with the following persons: NAME RELATIONSHIP Justin Kirk Son Jason Kirk Son Jeremy Kirk Son David Frank Fiancbe The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Justin Kirk Son Jason Kirk Son Jeremy Kirk Son Arieta Kirk Wife The relationship of Defendant to the child is that of father. The Defendant 5. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. -3- 6. The best interest and permanent welfare of the children will be served by granting the relief requested because the week-on, week-off schedule is extremely stressful on the children, causing them to exhibit behavioral problems at school and at home. The children would benefit from the stability and consistency of returning to having one home as their primary residence and Plaintiff having primary physical custody. 7. Each parent whose parental rights to the child have not been terminated and the people who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant joint legal custody of the children to both parties and primary physical custody of the children to Mother. Dated: June 4, 2004 McNEES WALLACE & NURICK LLC By Pamela L. Purdy~ (~ I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorney for Plaintiff -4- VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Kerri J. Kirkl KERRI J. KIRK PLAINTIFF : IN THE COURT OF coMMON PLEAS OF : cuMBERLAND couNTY, PENNSYLVANIA : 04-2567 CIVIL ACTION LAW ROY L. KIRK DEFENDANT : IN CUSTODY ORDER OF cOURT Friday, June 11, 2004 _. upon consideration of the attached Complaint, AND NOW, - ------------- ~ "awn S. Sunday, Es .~q~, the conciliator, it is hereby directed that parties and their respective counsel appear before _ Dawn ~. am,,,= , ~ · at 39 West Main Street, Meehanicsbur-~ PA 17055 on ._._~Thq[sd_~ay, July 15, 2004 __ 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s___L_/ Dawn S..quna~sq. Custody Conciliator rnhc 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 of'flee. 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 heating. YOU SHOULD TAKE THIS pAPER TO YOUR ATYORNEY 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) 24!9-3166 KERRI J. KIRK, Plaintiff ROY L. KIRK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2567 Civil Term CIVIL ACTION - LAW IN CUSTODY ~USTODY AGREEMENT AND NOW, this 11th day of June, 2004, come the parents of Justin Ryan Kirk, Jason Allen Kirk and Jeremy Paul Kirk (hereinafter the "Children"), and after consideration of the following, by their signatures, do her,aby agree and stipulate that the following is in the best interests and welfare of their children and request that this Honorable Court enter an Order based upon the following: 1. Legal custody of shall be shared by Kerri J. Kirk (hereinafter "Mother"), and Roy L. Kirk hereinafter "Father"). Each parent shall have the right to participate in the major decisions affecting the children, including, but not limited to, medical, religious, and educational decisions. 2. Primary physical custody of the Children shall be in Mother. 3. Partial physical custody of the Children shall be, in Father, as follows: (a) Beginning June 11, 2004, every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m. (b) The parents shall alternate having custody on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. In 2004, Mother shall have the Children on the Fourth of July, with each holiday listed above alternating between the parties thereafter. All periods of partial custody during holidays shall be from 9:00 a.m. to 6:00 p.m. Holiday periods of custody in Mother and Father shall take Precedence over all other scheduled periods of custody. Should such periods immediately precede or follow a scheduled period of overnight weekend partial custody in Father, and it is to be his holiday period, said period shall extend through the intervening night. (c) Mother and Father shall be entitled to two weeks of uninterrupted partial custody in the summer of each year. Each parent shall give the other at least thirty (30) days advance notice of his or her intention to exercise such summer periods of custody. (d) Each year Mother and Father shall alternate custody during Christmas with one having custody from 12:00 p.m. on December 24 to 12:00 p.m. on December 25, and the other having custody from 12:00 p.m. on December 25 to 12:00 p.m. on December 26. In 2004, Mother shall have custody from December 24 to December 25,. (e) Father shall have partial custody on Father's Day and the Mother shall have custody on Mother's Day from 9:00 a.m. to 6:00 p.m. 5. Mother and Father shall permit reasonable telephone access to the children when the children are in her/his custody. -2- 5. Mother and Father shall accommodate the reasonable requests of the other parent for alterations of any agreed upon schedule, as the circumstances and the best interests of the child require. 6. Mother and Father shall encourage the children to love and respect the other and shall not state, nor allow others to state, in the presence of the children, derogatory comments about the other parent. Mother an,d Father shall encourage the children to have significant contact with the other parent, and shall make certain that the children are ready on time for the transfer of physical custody from one parent to the other. 7. By their signatures, the parties acknowledge t~hat they have each fully read and understood the above, that they desire that it be entere,:f as an Order of the Court of Cumberland County Court of Common Pleas, and that they' waive any requirement that they be present in Court. Kerr~J. Kirk, Mother '~V~ness -3- JUN 1 6 2004 KERRI J. KIRK, Plaintiff IN THE COUR'I' OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA No. 04-2567 Civil Term ROY L. KIRK, : Defendant : CIVIL ACTION .. LAW IN CUSTODY ORDER AND NOW, this~..r~/'~y of ~~.._,, 2:004 upon consideration of the within Agreement, it is the Order of this Court that the terms contained therein are made the Order of this Court. VS. ROY L. KIRK Plaintiff Defendant JUN 2 g 1004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2567 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 2Pt day of June ,2004, the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference initially scheduled for July 15 and rescheduled for July 20, 2004, is canceled. FOR THE COURT, Dawn S. Sunday, Esquire (.] Custody Conciliator