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HomeMy WebLinkAbout04-3420 F:\User FolderlFinn Docs\Gendocs2004\J482.1complaint.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ, Plaintiffs v. CNIL ACTION - LAW NO, 2004- j '1 ;).0 DONALD D. WAGNER, JR., and AMANDA LITTLETON WAGNER, Defendants IN CUSTODY NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or obj ections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notiticacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTADEMANDAA UN ABOGADO IMMEDIATAMENTE. SINOTIENEABOGADO o SINO TIENE EL DINERO SOFICIENTE DE P AGAR TAL SERVICO, VA Y A EN PERSONAL o LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HANFT & KNIGHT, P,C, ichael J. Hanft, Es ire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE V. GRONKIEWICZ and MARY F, GRONKIEWICZ, Plaintiffs v. CIVIL ACTION - LAW NO. 2004- j'-/;' 0 DONALD D. WAGNER, JR., and AMANDA LITTLETON WAGNER, Defendants IN CUSTODY COMPLAINT FOR PRIMARY CUSTODY AND NOW, this ~ day of July, 2004, come Plaintiffs, Bruce V. Gronkiewicz and Mary F, Gronkiewicz, by and through their attorneys, Hanft & Knight, P.c., and file the following Complaint for Primary Custody and in support thereof aver as follows: I. Plaintiffs, Bruce V. Gronkiewicz and Mary F. Gronkiewicz, husband and wife, reside at1209 Stratford Drive, Carlisle, Cumberland County, Pennsylvania 17013, 2. Defendant, Donald D. Wagner, Jr" single man, has a mailing address of clo Attman's Delicatessen, 1019 East Lombard Street, Baltimore, Maryland. Defendant, Donald D, Wagner, Jr. ' s residence is unknown. 3, Defendant, Amanda Littleton Wagner resides at 705 Carsins Run Road, Aberdeen, Maryland. 4. The Plaintiffs seek primary custody of the following children: Name Present Residence Age DIOIB Donald Davis Wagner, III 1209 Stratford Drive Carlisle, Pennsylvania 17013 14 8/15/1989 Henry Micheal Wagner 1209 Stratford Drive Carlisle, Pennsylvania 17013 13 8/29/1990 The children were born out of wedlock. The children are presently in the physical custody of the Plaintiffs. In addition to the children's present address, during the past five years, the children have resided with the following individuals at the following addresses: a. From March of 1995 to October of 1999 with Defendant Donald D. Wagner, Jr.'s parents, Donald D. Wagner, Sr. and Winifred G. Wagner (deceased October 20, 1999) at 1452 Hull Street, Baltimore, Maryland; and b, From October of 1999 through June of 2001 with Defendant, Donald D, Wagner, Jr. 's father, Donald D. Wagner at 1452 Hull Street, Baltimore, Maryland; and c. From June of2001 to present with the Plaintiffs at their present address, The mother of the children is Defendant Amanda Littleton Wagner and she resides at 705 Carsins Run Road, Aberdeen, Maryland. The father of the children is Defendant Donald D, Wagner, Jr. whose residence is unknown; but his last known mailing address is c/o Altman's Delicatessen, 1019 East Lombard Street, Baltimore, Maryland. 5, The relationship of Plaintiffs to the children is that of paternal uncle and paternal aunt. Mary F. Gronkiewicz is Defendant Donald D, Wagner, Jr,'s sister. The Plaintiffs currently reside with their minor children, Brian V. Gronkiewicz and Mary Catherine Gronkiewicz and the two children who are the subject of this Complaint. 6. The relationship of Defendant Donald D. Wagner, Jf. to the children is that of natural father and his residence is unknown; but his last known mailing address is c/o Altman's Delicatessen, 1019 East Lombard Street, Baltimore, Maryland. The relationship of Defendant Amanda Littleton Wagner to the children is that of natural mother and she resides at 705 Carsins Run Road, Aberdeen, Maryland. 7. Plaintiffs have not participated as a party or witness, or in any other capacity, in other pending litigation concerning the custody of the children in this or another court. The Plaintiffs have no information of a pending custody proceeding concerning the custody ofthe children in this or any other court. The Plaintiffs do 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. 8. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) The children have resided with the Plaintiffs since June of2001; b) The Plaintiffs provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) The Plaintiffs are willing to accept custody of the children; d) The Plaintiffs continue to exercise parental duties and responsibilities and enjoy the love and affection of the children; and e) The Plaintiffs provide a stable home environment. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiffs respectfully request Your Honorable Court grant Plaintiffs legal and physical custody of Donald Davis Wagner, III and Henry Micheal Wagner. Respectfully submitted, HANFT & KNIGHT, P,C. M'chael J. Han , EsqUire Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiffs VERIFICATION We verifY that the statements made in this Complaint for Primary Custody are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. .~~tC. L' Bruce V. Gronkiewicz (::) '7Jz J ~ M~ Gronkiewicz l' ~ ~ J .A::>(\ 1\ "- - ~ "'- v, '" CJ "<') u\ La d CY ~ t' 0 r-, ~~~ C) <,' --j-l 0; @) ( -~ (..; ~". BRUCE V, GRONKIEWICZ AND MARY F. GRONKIEWICZ,H/W PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA V, 04-3420 CIVIL ACTION LAW DONALD D, WAGNER, JR. AND AMANDA LITTLETON WAGNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 22, 2004 , 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, Cumberlaud Couuty Courthouse, Carlisle on ThursdILY, August 19, 2004 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. 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 existiulg Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Hubert X. Cdlroy, Esq. Custody Conciliator mhc 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 A TIORNEY 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 \7013 Telephone (717) 249-3166 .~~#- -~~ A" ""< * :z """'[7' ~) -~Ih At7 Z'?e. t.. .~ .$ ~t?-.'-"~~ ~ AO-ee,L, -:':;::~;vno ('(' .? _J (... ";.J' 22 "n" feaz ",~ L 11 1, :.10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE V. GRONKlEWICZ and MARY F. GRONKlEWICZ, Plaintiffs CNIL ACTION - LAW v. NO. 2004- 3420 DONALD D. WAGNER, JR, and AMANDA LITTLETON WAGNER, Defendants IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 2"1 day of July, 2004, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of th~ Complaint in Custody filed in the above-referenced matter. The Complaint in Custody was mailed on July 19, 2004, but actual service took place on July 20,2004, by Defendant signing for a copy of the Complaint in Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Donald D, Wagner, Jr. c/o Attman's Delicatessen 1019 E, Lombard Street Baltimore, Maryland 21202 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. F: \User Folder\Finn Docs\Gendocs2004\3482-1cen,service.donald. wpd j /J/} # ~ Hanft, EZ2 Attorney II) No, 57976 19 Brookwood Avenue, Suite 106 Carlisle, P'~nnsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiffs SENDER: COMPLETE THIS SECTION · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maHpiec8, or on the front jf space permits. 1. Article Addressed to: bo~~rd 6. W~nLr, Jr. clo Atfman"s Dt(~ea+f5Sefl !o/q €. LOrnrJard J t . 13 a ffi/t10f.e, MIJ 2/202 2. Article I (TransfE PS Form 3811. February 2004 3. Se~e Type .."I!!S"Certified Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. 'Restricted DelivElry? (Extra Fee) ~ 7003 3110 0004 5768 8953 Domestic Return Receipt Exhibit "A" 102595.02.M-1540 l (") C 1".] ;:t; IT!;''''i;~ 2,. -", zr:'~. en "l;. ~~:::'; ;st~; );~C -,-''' ~ ...., = = ~ L c::: r- N W o -n -t fl~ :n -ohi :09 06 :T!~ 0-0 --.0 6m --l ~ -< " :::;::: w .s::- BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ, Plaintiff SfpI6~U/ :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DONALD D. WAGNER & AMANDA LITTLETON WAGNER, Defendant NO. 2004-3420 IN CUSTODY COURT ORDER AND NOW, this -z-o - day of August, 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal Aunt and Uncle, Bruce V Gronkiewicz ~Ind Mary F. Gronkiewicz, shall enjoy legal and physical custody of Donald Davis Wal~ner, III, born August 15, 1989 and Henry Michael Wagner, born August 29, 1990. This order allows the Gronkiewiczes the ability to register the minor children in school and do all other matters necessary in their capacity as enjoying legal and physical custody of the two minor boys. 2. The mother, Amanda Littleton Wagner, and the fath4~r, Donald D. Wagner, Jr, shall enjoy temporary and physical custody with the minor children at such times and under such circumstances as agreed to by the Gronkiewiczes. 3. In the event the mother or father desire at any point in the future to obtain additional periods of custody with the minor children and an agreement cannot be reached at that time, the mother and father reserve the right to file a petition with the court to have this case referred to the Conciliator for a conference. BY THE COURT, cc~n M. Shultz, Esquire .4nanda Littleton Wagner ~a1d D. Wagner, Jr -l ~ 09 -()7-0! \fIN\f^1.\SNN3d AlNfla) orf':l,}fj8\^lf\O '1 '1 : \I W~ lZ d3S ~Unl ,'.'tl\llONOHl.OBd 3\-\1 :\0 3:J\:l~O-{}31\:J SEP 1 6 Z004) BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW DONALD D. WAGNER & AMANDA LITTLETON WAGNER, Defendant NO. 2004-3420 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody COlllciliator submits the following report: 1. The pertinent information pertaining to the childrenl<:hild who are the subject of this litigation is as follows: Donald Davis Wagner, III, born August 15,1989 and Henry Michael Wagner, born August 29, 1990. 2. A Conciliation Conference was held on August 19, 2004, with the following individuals in attendance: The paternal aunt and uncle, Bruce V Gronkiewicz and Mary F. Gronkiewicz, with their attorney Sean Shultz and the mother, Amanda Littleton Wagner, who appeared without counsel. 3. The father had filed a consent agreeing to the paternall aunt and uncle having custody of the two minor children. The mother indicated at the conciliation conference that she is also in agreement with such an order as long as she maintains contact with the children. 4. The conciliator recommends a custody order in the fOlm as attached. 9/i.rloy DATE ~- " I .... .1. ~ t-<~rC:;-l:;"; " .,.,:;;j(.)_.' , \ '-_OO.-F'_-, __...111. V )<.____1.. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOV 1 6 Z005 ~3L .. BRUCE V, GRONKIEWICZ and MARY F. GRONKIEWICZ Plaintiffs No. 2004-3420 Civil Term Civil Action - Law v, IN CUSTODY DONALD D. WAGNER, JR" and AMANDA LITTLETON WAGNER, Defendants ORDER OF COURT NOW, this I'~ day of .P~ ,2005, upon consideration of the within Custody Agreement and Stipulation, the terms of the Agreement and Stipulation are hereby made an Order of Court. By the Court, //4 1. ~cP \ \-\ F:\User Foldcr\Fifm Docs\Gend0C52005\3482-1cU5Iody..grecment."pd Page I of 4 ";. .'.,.[ 'T18 SS :01 81 "n'j enn7 h,",i' ..:uu.... ~ I ,_). . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ, Plaintiffs No. 2004-3420 Civil Action - Law v. IN CUSTODY DONALD D. WAGNER, JR., and AMANDA LITTLETON WAGNER, Defendants CUSTODY AGREEMENT AND STIPULATION THIS AGREEMENT, made this ;). n.i- day of A U 9'1.5+ 2006, by and between AMANDA LITTLETON WAGNER, of 426 Pollack Drive, Aberdeen, Maryland hereinafter referred to as "Mother," and DONALD D. WAGNER, JR., of c/o Attman's Delicatessen, 1019 East Lombard Street, Baltimore, Maryland, hereinafter referred to as "Father," parties ofthe first part, and BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ, husband and wife, of1209 Stratford Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Gronkiewiczs," parties of the second part, or collectively referred to as "the Parties." WHEREAS, the parties desire to provide for the custody ofthe minor children, Donald Davis Wagner, III, born August 15, 1989 and Henry Michael Wagner, born August 29, 1990, (hereinafter collectively "the Children"). WHEREAS, on August 20, 2004 an Order of Court was entered regarding custody of the Children. Said Order is attached hereto and made a part hereof as Exhibit "A". WHEREAS, on November 18, 2005, an Order of Court was entered regarding custody of Donald Davis Wagner, III. Said Order is attached hereto and made a part hereof as Exhibit "B". F:\Uscr Foldcr\Pirm Docs~OO6'.i48i-lcustody.agreancnt.wpd Page 2 of 4 r ~... . WHEREAS, the parties desire the provisions of the present Custody Agreement and Stipulation to be approved by this Honorable Court and entered as a court order with the same force and effect as though said order had been entered after Petition, Notice and Hearing. NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound, do hereby covenant, promise and agree as follows: 1. Mother and Father shall share legal custody of Henry Michael Wagner. 2. Except as provided herein below, and unless otherwise agreed by the Parties, Mother shall have primary physical custody of Henry Michael Wagner, subject to Father's and Gronkiewicz's periods of partial custody. 3. Father and Gronkiewiczs shall have periods of partial custody of Henry Michael Wagner at such times as can be mutually agreed upon by the parties. 4. Each party agrees to keep the others apprised in writing to the Party's then current mailing address of any and all matters relating to the Children's health, education, welfare, and activities (including, but not limited to extracurricular activities, sports, music, school progress, reports cards, medical procedures and appointments, etc.). 5. Each Party shall be responsible for the day-to-day decisions while he, she, or they have custody of the Children. No Party that does not have legal custody has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). 6. It is the intent of the Parties that transportation of the Children between the Parties for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. 7. The Parties may agree to modify this schedule without the necessity of a Court Order. P:\Uta' PoIdcrlP"um Dol:IIGa1doa2006134~2-I<1lIIody,_"'Lwpd Page 3 of 4 1.' '... .. It is specifically agreed between the Parties that visitation shall be as reasonable as possible under the circumstances. 8. Except as stated herein, the Orders of Court dated August 20, 2004 and November 8, 2005 shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: ("'V"'\_. ~.....l ~ ~ L' \ ---- cl:l~)illJ ~~, 1J/~ 5. /kb"7; :6~~~/-- "6 ~:j /1uJ;'lfb . 1'iJ~5t.1IuJu~ (SEAL) Marylf. Gronkiewicz LJ ./ f)U17f1JJ; ~rwJfJJ 9~) Henry Midhael Wagner F:\Uscr Folder\Pirm Does\Gmd0ca2006\3482-1cuslOdy.asrcancot. wpd Page 4 of 4 Exhibit "A" f=> 1::j r-, 'r" .. \'-~-"'-D-- I .~i-..-.f;",,--,ci -..' ~.' IN THE COuRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA NOV 1 6 2005 ~Y:O- BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ Plaintiffs No. 2004-3420 Civil Term . ' Civil Action - Law v. IN CUSTODY DONALD D. WAGNER, JR., and AMANDA LITTLETON WAGNER, Defendants ORDER OF COURT NOW, this J1ih. day of ^J~ , 2005, upon consideration of the within Custody Agreement and Stipulation, the terms of the Agreement and Stipulation are hereby made an Order of Court. By the Court, 1. P:'l1... FoIdcrIfinll DocaIQcadoco2OO~I2-I..lIIldy,...-_...,wpd Page 1 of 4 -r......:;."'. ,,,'!II- ", ....,. ~;, ,J:, ;.._ . ,..': :.-. -;- ;) , .., .~,~ h"nd : .~: . '} l .~'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ, Plaintiffs No. 2004-3420 IN CUSTODY 0 l'~ c::::) 0 ~:~ c::;) t1 <.:f1 -:"' " ~ ~ .'L_ r-':' 0 I-n ....:: rnp .:.- -(1 n" :~'J C:J - " U1 . , -" () , '. - , ~ ,', "'"D '.'" -["; ~"~~~ '- -~ t_?(-) j;:. c> ',"0:- (n' C' N tj -. --I , -- -.... '_WI (..Jl ,.-:- .D .-;.. ,,;.... -< Civil Action - Law v. DONALD D. WAGNER, JR., and AMANDA LITTLETON WAGNER, Defendants CUSTODY AGREEMENT AND STIPULATION THIS AGREEMENT, made this ~ day of ~ov~m.l1lj 2005, by and between AMANDA LITTLETON WAGNER, of 426 Pollack Drive, Aberdeen, Maryland hereinafter referred to as "Mother," and DONALD D. WAGNER, JR., of c/o Attman'sDelicatessen, 1019 East Lombard Street, Baltimore, Maryland, hereinafter referred to as "Father," parties ofthe first part, and BRUCE V. GRONKIEWICZ and MARY F. GRONKIEWICZ, husband and wife, of 1209 Stratford Drive, Carlisle, Cumberland County, Pennsylvania, hereinafterreferred to as "Gronkiewiczs," parties of the second part, or collectively referred to as "the Parties." WHEREAS, the parties desire to provide for the custody ofthe minor children, Donald Davis Wagner, ill, born August 15, 1989 and Henry Michael Wagner, born August 29, 1990, (hereinafter collectively "the Children"). WHEREAS, On August 20, 2004 an Order of Court was entered regarding custody of the Children. Said Order is attached hereto and made a part hereof as Exhibit "A". WHEREAS, the parties desire the provisions of the present Custody Agreement and Stipulation to be approved by this Honorable Court and entered as a court order with the same force ':'VIer FokkIIFirm DodG_00SI3412,lcastody,..,...,caL"ll'I Page 2 of 4 and effect as though said order had been entered after Petitiont Notice and Hearing. NOWt THEREFOREt the Partiest in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable considerationt i~tending to be legally boundt do hereby covenant, promise and agree as follows: 1. Mother and Father shall share legal custody of Donald Davis Wagner, fi. 2. Except as provided herein below t and unless otherwise agreed by the Parties, Mother shall have primary physical custody of Donald Davis Wagnert fit subject to Fatherts and Gronkiewicz's periods of partial custody. 3. Father and Gronkiewiczs shall have periods of partial custody of Donald Davis Wagner, ill at such times as can be mutually agreed upon by the parties. 4. Each party agrees to keep the others apprised in writing to the Party's then current mailing address of any and all matters relating to the Children's healtht education, welfare, and activities (including, but not limited to extracurricular activities, sports, music, school progress, reports cards, medical procedures and appointments, etc.). 5. Each Party shall be responsible for the day-to-day decisions while he, she, or they have custody of the Children. No Party that does not have legal custody has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). 6. It is the intent of the Parties that transportation of the Children between the Parties for all purposes, but especially custodypurposes, shall be as flexible and accommodating as possible. 7. . The Parties may agree to modify this schedule without the necessity of a Court Order. It is specifically agreed between the Parties that visitation shall be as reasonable as possible under the circumstances. P:'V... PoldcrIYlllll ~12.IC1IIIody,.,,"""Lwpd Page 3 of 4 8. Except as stated herein, the Order of Court dated August 20,2004 shall remain in full force and effect, particularly in regard to Henry Michael Wagner. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. /' WITNESS:D B\j . ~ ~U !S!~ ~ ~,Jt1- (]A- ~~~\\\~~~) Amanda Littleton Wagner j (SEAL) '/11 /Yl.A" "~rlJ't.J ,~.7 I ;;;;~tUCCL *?.,LI' Bruce V. Gronkiewicz ~ (SEAL) ~ #--~~ 2) '!::;t !o;,l!;::f''''~ (SEAL) Iim.o.M ~ /JQ/dJJ&11I (SEAL) Donald Davis Wagner, frr 7/luni. y3uv.1 I ;, P:1lJIU P_1llll DocaIG..docI2OOS\J~12.IC1IIIody._Lwpd Page 4 of 4 Exhibit "A" ./' SEP 1 6 2004k BRUCE V. GRONKIEWICZ and MARY F. GRONKIE\VICZ, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DONALD D. \V AGNER & AMANDA LITTLETON \V AGNER, Defendant /. NO. 2004-3420 IN CUSTODY COURT ORDER AND NOW, this ~ day of August, 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal Aunt and Uncle, Bruce V Gronkiewicz and Mary F. Gronkiewicz, shall enjoy legal and physical custody of Donald Davis Wagner, III, born August 15, 1989 and Henry Michael Wagner, born August 29, 1990. This order allows the Gronkiewiczes the ability to register the minor children in school and do all other matters necessary in their capacity as enjoying legal and physical custody of the two minor boys. 2. The mother, Amanda Littleton Wagner, and the father, Donald D. Wagner, Jr, shall enjoy temporary and physical custody with the minor children at such times and under such circumstances as agreed to by the Gronkiewiczes. 3. In the event the mother or father desire at any point in the future to obtain additional periods of custody with the minor children and an agreement cannot be reached at that time, the mother and father reserve the right to file a petition with the court to have this case referred to the Conciliator for a conference. BY THE COURT, cc: Sean M. Shultz, Esquire Amanda Littleton 'Vagner Donald D. Wagner, Jr SEP 1 6 2004 ( BRUCE V. GRONKIE\VICZ and MARY F. GRONKIE\VICZ, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DONALD D. \V AGNER & . AMANDA LITTLETON WAGNER, Defendant ,I' NO. 2004-3420 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Donald Davis Wagner, III, born August 15, 1989 and Henry Michael \Vagner, born August 29, 1990. 2. A Conciliation Conference was held on August 19, 2004, \vith the following individuals in attendance: The paternal aunt and uncle, Bruce V Gronkiewicz and Mary F. Gronkiewicz, with their attorney Sean Shultz and the mother, Amanda Littleton Wagner, who appeared \vithout counsel. 3. The father had filed a consent agreeing to the paternal aunt and uncle having custody of the two minor children. The mother indicated at the conciliation conference that she is also in agreement with such an order:' as long as she maintains contact with the children. 4. The conciliator recommends a custody order in the fo~ as attached. 9//((OY DATE Exhibit "B" - . SEP 1 6 2004k BRUCE V. GRONKIEWICZ and MARY F. GRONKIE\VICZ, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LA \V DONALD D. \V AGNER & AMANDA LITTLETON WAGNER, Defcndant /. NO. 2004-3420 IN CUSTODY COURT ORDER AND NOW, this ~ day of August, 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The paternal Aunt and Uncle, Bruce V Gronkiewicz and Mary F. Gronkiewicz, shall enjoy legal and physical custody of Donald Davis Wagner, III, born August 15, 1989 and Henry Michael Wagner, born August 29, 1990. This order allows the Gronkiewiczes the ability to register the minor children in school and do all other matters necessary in their capacity as enjoying legal and physical custody of the two minor boys. 2. The mother, Amanda Littleton Wagner, and the father, Donald D. Wagner, Jr, shall enjoy temporary and physical custody with the minor children at such times and under such circumstances as agreed to by the Gronkiewiczes. 3. In the event the mother or father desire at any point in the future to obtain additional periods of custody with the minor children and an agreement cannot be reached at that time, the mother and father rcserve the right to file a petition with the court to have this case referred to the Conciliator for a conference. BY THE COURT, cc: Sean M. Shultz, Esquire Amanda Littleton \Vagner Donald D. Wagner, Jr ,,' SEP 1 6 2004 ( BRUCE V. GRONKIEWICZ and MARY F. GRONKIE\VICZ, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DONALD D. \V AGNER & AMANDA LITTLETON WAGNER, Defendant ,I- NO. 2004-3420 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children/child who are the subject of this litigation is as follows: Donald Davis Wagner, III, born August 15, 1989 and Henry Michael Wagner, born August 29, 1990. 2. A Conciliation Conference was held on August 19, 2004, with the following individuals in attendance: The paternal aunt and uncle, Bruce V Gronkiewicz and Mary F. Gronkiewicz, \vith their attorney Sean Shultz and the mother, Amanda Littleton \Vagner, who appeared \vithout counsel. 3. The father had filed a consent agreeing to the paternal aunt and uncle having custody of the two minor children. The mother indicated at the conciliation conference that she is also in agreement with such an order as long as she maintains contact with the children. 4. The conciliator recommends a custody order in the foryn as attached. 9/rJ'(OY DATE ~ -om mrn -,.. . '!"l ~C:~ llJ ,,;.. .-.<" .,-.; ~.CJ ~c~ 0;;:. c ""c z ~ ...., c:::::t ~ :D- c;::: C") I -.I ~ ~ II (..) ~ .. ~ ...... RECEIVED AUG 082006 0/ 1 . '.. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE V, GRONKIEWICZ and MARY F, GRONKlEWICZ Plaintiffs No, 2004-3420 Civil Term Civil Action - Law v, IN CUSTODY DONALD D, WAGNER, JR., and AMANDA LITTLETON WAGNER, Defendants ORDER OF COURT NOW, this 10' day of Avf.... " , 2006, upon consideration of the within Custody Agreement and Stipulation, the terms of the Agreement and Stipulation are hereby made an Order of Court, By the Court, , /?J. 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