Loading...
HomeMy WebLinkAbout04-4544AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW :CUSTODY DANIEL BANKERT, p j, 1jfS44 Defendant :NO. CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Amanda Hershey, by her attorneys, the Family Law Clinic, sets forth the following action: 1. The plaintiff is Amanda Hershey, residing at 1446 Holly Pike, Carlisle, Cumberland County, PA, 17013. 2. The defendant is Daniel Bankert, who is believed to be residing at 77 Mahanoy Ridge Road, Elliottsburg, Perry County, PA 17024. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Lindzey Bankert 77 Mahanoy Ridge Road, October 28, 2003 Elliottsburg, PA 17024 The child was born out of wedlock. The child is presently in the custody of Daniel Bankert, who resides at 77 Mahanoy Ridge Road, Elliottsburg, PA 17024. Since birth, the child has resided with the following persons and at the following addresses: Persons Address Dates Daniel Bankert 77 Mahanoy Ridge Road September 4, 2004- Judy Bankert Elliottsburg, PA 17024 present Jim Bankert Amanda Hershey 840 Baltimore Pike, April 2004- Daniel Bankert Gardners, Cumberland County, September 4, 2004 Kiara Personeus PA 17324 Amanda Hershey Daniel Bankert Kiara Personeus 58 Betty Nelson Court, Carlisle, PA 17013 Birth-April 2004 4. The mother of the child is Amanda Hershey, hereinafter "Mother", currently residing at 1446 Holly Pike, Carlisle, Cumberland County, PA, 17013. She is single. 5. The father of the Child is Daniel Bankert, hereinafter "Father", currently residing at 77 Mahanoy Ridge Road, Elliottsburg, PA 17024. 6. He is single. 7. The relationship of the plaintiff to the child is that of mother. Mother resides with the following persons: Name Kiara Personeus Stephanie Bunty Billy Stahl Samantha Bunty Jasmine Stahl Relationship Daughter Friend Friend's fiance Stephanie Bunty's child Billy Stahl's child 7. The relationship of the defendant to the child is that of father. Father currently resides with the following persons: Name Judy Bankert Jim Bankert Relationship Mother Father 8. Mother 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. litigation concerning the custody of the children in this or another court. 9. Mother does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother has served as the child's primary caretaker since the child's birth. b. Mother will allow Father to have a continuing relationship with the child, whereas Father will not allow the Mother to have a continuing relationship with the child. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Mother requests the court grant Primary Physical Custody of the child to Mother with Father having periods of partial physical custody, and the parties to share legal custody. Date: Se Zb® Axis al ello Certified Legal In ern THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717/243-2968 VERIFICATION I verify that the statements made in this Custody Complaint 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 unworn falsification to authorities. Date: S )• /)M Amanda Hershey, Plaintiff ? . .. ? i-S ?? a .i .. ?v AMANDA HERSHEY, Plaintiff/Petitioner V, DANIEL BANKERT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CUSTODY o Af- ' q14 NO. CIVIL TERM PRAECIPE TO PROCEED IN FORMA PA UPERIS Kindly allow Amanda Hershey, Plaintiff, 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. (y /\ ( Respectfully submitted, Date V `1Li(? J Ufw> JAF, vello lJ Certified Legal Intern U?I;f. aw'2) ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 _; ,- -?_,- ., ,;?,.. ?. ?7. ;?'? sN.; AMANDA HERSHEY, Plaintiff/Petitioner vi. DANIEL BANKERT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CUSTODY 7 ysy Cf/ NO. CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this T?l day of Sef7j. W L-e_r, 2004, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Amanda Hershey, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Lindzey Bankert, born October 28, 2003. In support of her Petition for Special Relief, Petitioner avers as follows: The petitioner is Amanda Hershey, an adult individual who currently resides at 1446 Holly Pike, Carlisle, Cumberland County, PA, 17013. The respondent is Daniel Bankert, an adult individual who is believed to reside at 77 Mahanoy Ridge Road, Elliottsburg, PA 17024. The petitioner is the biological mother (hereinafter "Mother") of the ten-month old minor child, Lindzey Bankert, born October 28, 2003 (hereinafter "Lindzey"). 4. The respondent is the biological father (hereinafter "Father") of Lindzey. Mother has been the primary caretaker of Lindzey since her birth, in charge of the bathing, dressing, feeding and changing of diapers of Lindzey. 6. Until Saturday, September 4, 2004, Father and Mother resided together at 840 Baltimore Pike, Gardners, PA 17324. On Saturday, September 4, 2004, Father and Mother got into an argument. Without Mother's permission or any warning to Mother and without her consent, Father then removed Lindzey from the home of a mutual friend with whom Lindzey was temporarily visiting. 8. Father has not allowed Mother to see Lindzey since that day. Mother believes that Father is living at his parents' home with the child, but no one at that residence will answer the phone when mother calls nor will Father return her phone calls. 9. Father disrupted the status quo by removing Lindzey from her Mother's continual care and affection. 10. Father works full time and because of his schedule, Lindzey will be in the care of a non-parent babysitter much of the time. 11. Mother avers that is in the best interests of the minor child that Mother be granted temporary legal and temporary primary physical custody of Lindzey, until further Order of Court, because she has been the primary caretaker of Lindzey since the child's birth, because she is better able to care for the parties' ten-month old daughter, because she, as a parent, would to care for the child, rather than a non-parent babysitter, and because Father disrupted the status quo by removing Lindzey from Mother's care. WHEREFORE, the petitioner, Amanda Hershey, respectfully requests that this Honorable Court enter an Order against the respondent, Daniel Bankert, granting Petitioner temporary legal and sole physical custody of Lindzey, ordering Respondent to return Lindzey immediately to Petitioner; providing that the Sheriff serve the Order on Respondent and effectuate the immediate return of the child, ordering Respondent to return items necessary for the care of the child, and setting this matter for a hearing. Ee_r-.gj ?OO? Respectfully submitted, AleVFaelAlo ta C ertifi Legal ntern P k:?o L. R BERT E. r NS THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 5QY?- U" Amanda Hershey ,,, <?.: - _, ,, ;,? ?, ,' ' ' ? ; , _?_ ` ,?- : ??_ -,- ?-. ? , ?? ?? AMANDA HERSHEY, Plaintiff/Petitioner vs. DANIEL BANKERT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-4544 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this t s rL day of September, 2004, a rule is issued on the defendant/respondent to show cause why the relief requested in the within petition for special relief ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, b ;vin A. Hes , J. 2 _ hao?•5 L -40 AMANDA HERSHEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL BANKERT DEFENDANT • 04-4544 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 09, 2004 , 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 Thursday, October 07, 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/ jacquelline M. Verney Esq. mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 L ? r ^ 0 {'d 0 1 d?S h?OZ 0 : IN THE COURT OF COMMON PLEAS OF AMANDA HERSHEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION-LAW v IN CUSTODY DANIEL BANKERT, 04-4544 CIVIL TERM :NO Defendant . AND IN THE COURT OF COMMON PLEAS OF DANIEL BANKERT, : : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION-LAW v IN PROTECTION FROM ABUSE AMANDA HERSHEY, 04-4536 CIVIL TERM : NO Defendant . ORDER OF COURT TO CO OL TE ACTIONS AND NOW, this rv\ day of 2004, it is hereby ordered by this Court that the above-referenced doc et numbers be consolidated under Docket Number 04-4544 by agreement of the parties pursuant to Pa.R.C.P. Rule 213(a). The hearing scheduled for Thursday, September 16, 2004 at 1:30 p.m. will address the Complaint for Custody and Petition for Special Relief filed by Plaintiff Amanda Hershey (Docket No. 04-4544) and the Petition for Protection from Abuse filed by Plaintiff Daniel Bankert (Docket No. 04-4536). This Order vacates the order dated September 10, 2004 under Docket No. 04-4544 signed by the Honorable J. Wesley Oler. BY THE COURT: cv ll. =1J -,l 4 - r LcJ FF ma= 6q U ci AMANDA HERSHEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-:LAW DANIEL BANKERT, : IN CUSTODY Defendant :NO. 04-4544 CIVIL TERM AND DANIEL BANKERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA V. : CIVIL ACTION-LAW AMANDA HERSHEY, : IN PROTECTION FROM ABUSE Defendant : NO. 04-4536 CIVIL TERM ORDER OF COURT TO CONS LIDATE AC_ TIC AND NOW, this day of 2004, it is hereby ordered by this Court that the above-referenced docket numbers be consolidated under Docket Number 04-4544 by agreement of the parties pursuant to Pa.R.C.P. Rule 213(a). The hearing scheduled for Thursday, September 16, 2004 at 1:30 p.m. will address the Complaint for Custody and Petition for Special Relief filed by Plaintiff Amanda Hershey (Docket No. 04-4544) and the Petition for Protection from Abuse filed by Plaintiff Daniel Bankert (Docket No. 04-4536). This Order vacates the order dated September 10, 2004 under Docket No. 04-4544 signed by the Honorable J. Wesley Oler. BY THE COURT: r / E George E. Hoffer, J. 9-01 d DANIEL L. BANKERT, Plaintiff V. AMANDA HERSHEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN PROTECTION FROM ABUSE No. 04-4544 CIVIL TERM Defendant FINAL ORDER OF COURT Defendant's Name: Amanda Hershey Defendant's Date of Birth: December 24, 1980 Defendant's Social Security Number: 207-60-3957 Names of All Protected Persons, including Plaintiff and minor child/ren: Daniel L. Bankert L AND NOW, this VF? day of September, 2004, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: Without admitting the allegations of abuse, Defendant agrees that the Court shall enter an Order containing the following terms: [] Plaintiffs request for a final protection order is denied. OR [X] Plaintiffs request for a final protection order is granted. [X] 1. Defendant shall not abuse, stalk, harass, or threaten the ]Plaintiff or any other protected person in any place where he might be found. [] 2. Defendant is completely excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. [] On , Defendant may enter the residence to retrieve his/her clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. [X] 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiffs school, business, or place of employment, except for contact relating to custody of the parties' minor child, Lindzey Bankert. If Defendant enters a commercial establishment and Plaintiff is already there, Defendant shall leave the premises immediately. If Plaintiff enters a commercial establishment and Defendant is already there, Plaintiff shall immediately leave the premises. [X] 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons, except as related to custody of the parties' minor child, Lindzey Bankert. [X ] 5. Physical custody of the minor child, Lindzey Bankert, shall be shared as follows, pending conciliation conference scheduled for 10/7/04: Mother shall have physical custody of the child A on 9/16/04 at 6:00 p.m. through 9/18/04 at)X:00 p.m. Father shall have custody from 9/18/04 at C,$:00 p.m. through 9/21/04 at 6:00 a.m. Mother shall have custody from 6:00 a.m. on 9/21/04 through 9/23/04 at 6:00 p.m. Father shall have custody from 6:00 p.m. on 9/23/04 through 9/26/04 at 1:00 p.m. Mother shall have custody from 9/26/04 at 1:00 p.m. through 9/28/04 at gK 6:00 p.m. Father shall have custody from 9/28/04 at 6:00 p.m. through 10/1/04 at 6:00 a.m. Mother shall have custody from 10/1/04 at 6:00 a.m. through 10/4/04 at 6:00 p.m. Father shall have custody from 6:00 p.m. on 10/4/04 through 10/7/04. Mother shall have the next period of custody. Time of the next period of custody shall be determined at the custody conciliation. [] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren. [ ] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. [18. The following additional relief is granted as authorized by § 6108 of the Act: [ ] 9. Defendant is directed to pay temporary support for: _ as follows: This order for support shall remain in effect until a final support order is entered by this Court. However, this order shall lapse automatically if the Plaintiff does not file a complaint for support with the court within fifteen days of the date of this order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. [] 10. The costs of this action are waived as to the Plaintiff and imposed on Defendant. [] 11. Defendant shall pay $ to Plaintiff as compensation foir Plaintiffs out-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out- of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the P'rothonotary's office for the filing of this petition. [] 12. BRADY INDICATOR. [X] The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a child of the Defendant. [] This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [X] Paragraph 1 of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [] Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [X] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. [X] 13. THIS ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CHILD CUSTODY. ) m c.cy'" [X] 14. All provisions of this order shall expire in eighteen months, on March 16, 200f NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §§ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff s residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, an arrest may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of the this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. If entered pursuant to the consent of the plaintiff and defendant: Daniel-L. Bankert, Plaintiff / q/4-1 Amanda Hershey, Defendant Mark F. Bayley, Esq. ROMINGER, BAYLEY WHARE 155 South Hanover treet Carlisle, PA 17013 Attorney for Plaintiff Brina Masi, Certified Legal Intern L CY J TN ON-WALSH Supervis g Attorney Attorney for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pa 17013 717-243-2968 R 1^?l T Q p r7 QjJ NQ v ^C r C-J ?S s t. ro =n Pr ? 'j [BROADCAST REPORT PAGE (S) 06 TIME 09/16/2004 14:22 NAME PROTHONOTARY C LONG FAX 7172406573 TEL SER.# BROH3J606381 DATE TIME FAX NO./NAME DURATION PAGE(S) RESULT COMMENT 57 06 OK ECM 09/16 09116 14:19 14:21 PSP CENTRAL PROSSIN 01:08 06 OK ECM BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION CV COVERPAGE PC PC-FAX i 1V OCT 0 8 2004 AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : N0.2004-4544 CIVIL TERM DANIEL BANKERT, : CIVIL ACTION - LA W Defendant IN CUSTODY ORDER OF COURT 2004, upon / v day of AND NOW, this consideration of the attached custody Conciliation Report , i1: is ordered and directed as follows: 1. The custody provisions of the PFA entered at this docket number are hereby vacated. . The Mother, Amanda Hershey, and the Father, Daniel Bankert, shall have 2 shared legal custody of Lindzey Bankert, born October 28, 2003. Each parent shall have other parent, to make all major non an equal right, to be exercised jointly with the e emergency decisions affecting the Child's general well-bing including, but not limited to, all decisions regarding her health, education and religion. 3 The parties shall have shared physical custody on a 2/3/2 alternating repeating schedule beginning October 7, 2004 with Mother having the first two day period. All exchanges shall occur at 5:00 p.m. 4. The non-custodial parent shall have two hours of physical custody of the Child on the Child's birthday. 5 Thanksgiving shall be shared such that Father shall have physical custody of the Child from 9:00 a.m. to 3:00 P.M. and Mother shall have physical custody of the Child from 3:00 p.m. to 9:00 p.m. 6. Transportation shall be shared such that the receiving party shall transport the Child. 7. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their period of custody. 8. The parties shall keep each other informed as to their current address and telephone number and the names of any individuals with whom they are residing. r- cr) iv ? ?- ?Lla p'- a ti ' .. 9. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the pment of love and re pe ttforrthparent, or e other parent. Each artyl hall encourageoa meaningfulChild's relationship with the other party. 10. This order is entered pursuant 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. Another Conciliation Conference is scheduled for December 8, 2004 at 9:30 a.m. on the fourth floor of the Cumberland County Courthouse. BY THE COURT, x'-1AZ J. ccVe'a'riesha Green, certified legal intern Lucy Johnston-Walsh, Esquire, Family Law link, Counsel for Mother ark F. Bayley, Esquire, Counsel for Father ro`? AMANDA HERSHEY, Plaintiff V. DANIEL BANKERT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2004-4544 CIVIL TERM : 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lindzey Bankert October 28, 2003 shared 2. A Conciliation Conference was held in this matter on October 7, 2004, with the following individuals in attendance: The Mother, Amanda Hershey, with her counsel, Cariesha Green, certified legal intern, and Lucy Johnston-Walsh, Esquire, Family Law Clinic and Father, Daniel Bankert, with his counsel, Mark F. Bayley, Esquire. 3. A Petition for Special Relief was filed by Mother and assigned to the Honorable Kevin A. Hess. A PFA was filed by Father and heard before the Honorable George E. Hoffer, President Judge. The matters were consolidated under the current docket number and a temporary custody order was included in the PFA Order. The custody provisions of the PFA will be vacated by this custody order. 4. The parties agreed to an Order in the form as attached.. Date c line V. Verney, Esquire Custody Conciliator DEC 0 9 2004'? AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4544 CIVIL TERM DANIEL BANKERT, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13 " day of 3)u-?r , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated October 14, 2004 is hereby vacated. 2. The Mother, Amanda Hershey, and the Father, Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. 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 her health, education and religion. 3. The parties shall have shared physical custody on a 2/3/2 alternating repeating schedule beginning Tuesday, December 7, 2004 with Mother having the first three-day period. Exchanges shall occur on Tuesdays at 7:30, a.m. and Friday and Sunday at 6:00 p.m. 4. The non-custodial parent shall have two hours of physical custody of the Child on the Child's birthday. 5. Thanksgiving shall be shared such that Father shall have physical custody of the Child from 9:00 a.m. to 3:00 p.m. and Mother shall have physical custody of the Child from 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall run from Christmas Day at 12:00 noon to December 26, at 12:00 noon.. The parties shall agree as to who receives Block A this year and alternate times in future years. 7. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 9:00 p.m. and Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. FV 8. Transportation shall be shared such that the receiving party shall transport the Child. 9. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their period of custody. Neither party may smoke in the child's presence 10. The parties shall keep each other informed as to their current address and telephone number and the names of any individuals with whom they are residing. 11. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each party shall encourage a meaningful relationship with the other party. 12. The parties shall cooperate with co-parenting counseling such as Parentworks. 13. 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. cqx.rina Masi, certified legal intern Lucy Johnston-Walsh, EsquireFamily Law Clinic, Counsel for Mother ,,,Mark F. Bayley, Esquire, Counsel for Father v BY THE COURT, DEC 0 0 AMANDA HERSHEY, Plaintiff V. DANIEL BANKERT, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2004-4544 CIVIL TERM : 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 Lindzey Bankert October 28, 2003 shared 2. A Conciliation Conference was held in this rnatter on December 8, 2004, with the following individuals in attendance: The Mother, Amanda Hershey, with her counsel, Brina Masi, certified legal intern, and Lucy Johnston-Walsh, Esquire, Family Law Clinic and Father, Daniel Bankert, with his counsel, Mark F. Bayley, Esquire. 3. The Honorable Kevin A. Hess entered an Order of Court dated October 14, 2004 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date cq ine M. Verney, Esquire o?r Custody Conciliator Amanda Hershey, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 17013. Respondent is Amanda Hershey, who is believed to reside at 172 E. High Street, Carlisle, PA Petitioner is Daniel Bankert, who resides at 840 Baltimore Pike, Gardners, PA 17324. On December 13, 2004, the Honorable Kevin Hess entered a Custody Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Mother constantly and continuously fails to provide the proper supervision, care and environment for the child during her periods of physical custody. The best interest of the children will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody of the child be granted to Father with periods of partial physical custody to Mother as deemed appropriate by the Court. Date: 1-Z ko 5 Respectfully submitted, ROMINGER, BAYLEY & WHARE -LAAF Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 1D # 87663 Attorney for Petitioner Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION-LAW Defendant IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Petitioner, Daniel Bankert, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: L A Mark F. Bayley, Esquir Attorney for Petitioner Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic Dickinson Law School 45 N. Pitt St. Carlisle, PA 17013 Dated: Mark F. Bayley, Esquire Attorney for Petitioner D 2004 AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4544 CIVIL TERM DANIEL BANKERT, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this )& day of t4 J 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated October 14, 2004 is hereby vacated. 2. The Mother, Amanda Hershey, and the Father. Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. 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 her health, education and religion. 3. The parties shall have shared physical custody on a 2/3/2 alternating repeating schedule beginning Tuesday, December 7, 2004 with Mother having the first three-day period. Exchanges shall occur on Tuesdays at 7:30 a.m. and Friday and Sunday at 6:00 p.m. 4. The non-custodial parent shall have two hours of physical custody of the Child on the Child's birthday. 5. Thanksgiving shall be shared such that Father shall have physical custody of the Child from 9:00 a.m. to 3:00 p.m. and Mother shall have physical custody of the Child from 3:00 p.m. to 9:00 p.m. 6. Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall run from Christmas Day at 12:00 noon to December 26, at 12:00 noon. The parties shall agree as to who receives Block A this year and alternate times in future years. 7. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 9:00 p.m. and Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 9:00 p.m. EX1?ll/3lT "A Of 8. Transportation shall be shared such that the receiving party shall transport the Child. 9. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their period of custody. Neither party may smoke in the child's presence 10. The parties shall keep each other informed as to their current address and telephone number and the names of any individuals with whom they are residing. 11. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Each party shall encourage a meaningful relationship with the other party. 12. The parties shall cooperate with co-parenting counseling such as Parentworks. 13. 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. BY THE Hess, J. cc: Brina Masi, certified legal intern Lucy Johnston-Walsh, Esquire, Family Law Clinic, Counsel for Mother Mark F. Bayley, Esquire, Counsel for Father RUi} In T??st;,ro ,er•.a. ` t;?`f llcif?? e, 1'a. ? k -c? N -1 AMANDA HERSHEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL BANKERT DEFENDANT 04-4544 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, January 26, 2005 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 Thursday, February 17, 2005 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 existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: lsl`facqueline M. Yeraey, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 CS .Z ?J 9Z F,"!C S 5 2 Z r FEB 1 a 20055, AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL BANKERT, : NO. 2004-4544 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT n AND NOW, this _ 1 day of ?c2?cc(?Lx£?, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 517?4 day of C 2005, at o'clock, M., at which time testimony will e taken. For purposes of this Hearing, the Father 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated December 13, 2004 shall remain in full force and effect with the following modifications: All custody exchanges shall occur at the Carlisle Police Department. 4. Mother shall attend co-parenting counseling within 30 days of this Order of Court. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A. Hess, J. cc:?k F Bayley, Esquire, counsel for Fatl?r ?asi, certified legal intern Lucy Johnston-Walsh, Esquire, Family Law Clinic, counsel for Mother W?s (C. CNI EB 1 8 2005 AMANDA HERSHEY, Plaintiff V. DANIEL BANKERT, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2004-4544 CIVIL TERM 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 Lindzey Bankert October 28, 2003 shared 2. A Conciliation Conference was held February 17, 2005 with the following individuals in attendance: The Father, Daniel Bankert, with his counsel, Mark F. Bayley, Esquire, and the Mother, Amanda Hershey, with her counsel, Brina Masi, certified legal intern, Lucy Johnston-Walsh, Esquire, Family Law Clinic. 3. The Court previously entered an Order of Court dated December 13, 2004, providing for shared legal and shared physical custody on a 2/3/2 schedule. Presently before the Court is Father's Petition to Modify Custody. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody with Mother having alternating weekends, one evening per week and holidays. Father maintains that Mother continues to smoke in the child's presence contrary to medical advice and the Court Order. He further alleges that Mother is living in overcrowded quarters, and fails to provide a safe and secure environment for the child. Father also asserts that Mother disrupts the custody exchanges by swearing and threatening Father in the child's presence. Lastly, Mother has failed to attend a co- parenting counseling session. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody on a week on/week off basis to coincide with the custody she enjoys with her other daughter. Mother denies smoking in the child's presence and disrupting the custody exchanges. She maintains that she provides a safe and secure environment for the child. She further asserts that Father does not communicate with her concerning custody of the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the current Order of Court with minor modifications. it is expected that the Hearing will require one day. Date ?aeq eline M. Verney, Esquire T Custody Conciliator ?i/P ?t ! ?-, b>rirr d CO, e. Ill d Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION -LAW Defendant IN CUSTODY STIPULATION AND NOW, the above parties hereby enter into the within Stipulation as follows: 1. The prior Order of Court dated February 25, 2005 is hereby vacated. 2. The Mother, Amanda Hershey, and the Father, Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all decisions affecting the child's general wellbeing including, but not limited to, all decisions regarding her health, education and religion. The parties shall inform each other of who the child's regular caregiver is. The parties shall notify each other of all medical care the child receives while in the their care. The Father and Mother will keep each other appraised of all medical appointments with at least one (1) week's notice. 3. The parties shall have shared physical custody on a week on / week off basis. The parties will transfer the child every Sunday at 7:00 PM at the Carlisle Police Department. F,,e J 4. chiftPrbirthday. The parties shall equally share custody of the child on the child's V2? birthday. The parties shall divide each child's birthday into two (2) time periods, with the time of exchange to be agreed upon mutually by the parties one (1) week prior to the child's birthday. The Mother shall also have physical custody of the child for three (3) hours for the child's half- sit±e '1s birthday party. The Mother shall provide the Father with the date one week prior t the party. ID . ?1TTa rVs?? V\-/9 e 's Thanksgiving shall be shared such that Father shall have physical custody of the child from 9:00 AM until 3:00 PM, and Mother shall have physical custody of the child from 3:00 PM until 9:00 PM. 6. Christmas shall be divided into two (2) blocks. Block A shall run from Christmas Eve at 12:00 Noon to Christmas Day at 12:00 Noon, and Block 13 shall run from Christmas Day at 12:00 Noon to December 26th at 12:00 Noon. 7. Mother shall have physical custody of the child on Mother's Day from 9:00 AM until 9:00 PM, and Father shall have physical custody of the child on Father's Day from 9:00 AM until 9:00 PM. 8. The parties shall alternate custody on the following holidays: Memorial Day, July 4th and Labor Day. 9. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their period of physical custody. Neither party may smoke in the child's presence. 10. The parties shall keep each other informed of their current address, contact phone numbers and the names of any individual with whom they are residing. 11. Neither party shall say or do anything or permit a third party to do or say anything which may estrange from the other partner, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each party shall encourage a meaningful relationship with the other party. 12. The parties shall cooperate with co-parenting counseling. 13. 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. WHEREFORE, the parties request that the Court enter the attached Order pursuant to the within Stipulation. G"'\'© 2 Date ?0 Date k Daniel Bankert Amanda Hers (Certified Legal Counsel for Pla Roberyy. ins Thom Ks M. Place Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Mark F. Bayley, Esquire Rominger, Bayley, & Whare 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Counsel for Defendant ?? >: ct, ?s ?_: i ; c`7 r t?s-? i. ' w U- -iL ??r.C N `;. (?? C.S " r' j r r:; v RECEIVED JUN 23 My Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-454.4 CIVIL TERM Daniel Bankert, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 ,/' day of , 2005, based on the Stipulation of the parties, the Court hereby Orders as follows: The prior Order of Court dated February 25, 2005 is hereby vacated. 2. The Mother, Amanda Hershey, and the Father, Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to :make all decisions affecting the child's general wellbeing including, but not limited to, all decisions regarding her health, education and religion. The parties shall infonn each other of who the child's regular caregiver is. The parties shall notify each other of all medical care the child receives while in the their care. The Father and Mother will keep each other appraised of all medical appointments with at least one (1) week's notice. 3. The parties shall have shared physical custody on a week on / week off basis. The parties will transfer the child every Sunday at 7:00 PM at the Carlisle Police Department. 'til 1 1 2 :e 1,fd ? 14nr SON l ti iC ivC '.Ll d 3A JO The parties shall equally share custody of the child on the child's birthday. The parties shall divide each child's birthday into two (2) time periods, with the time of exchange to be agreed upon mutually by the parties one (1) week prior to the child's birthday. The Mother shall also have physical custody of the child for three (3) hours for the child's half-sister's bi ay party. The Mother shall 1 -.0 provide the Father with the date one week prior toth[eJparty. ?? ro? Y/i 1,F•??f I' 5. Thanksgiving shall be shared such that Father shall have physical custody of the child from 9:00 AM until 3:00 PM, and Mother shall have physical custody of the child from 3:00 PM until 9:00 PM. 6. Christmas shall be divided into two (2) blocks. Block A shall run from Christmas Eve at 12:00 Noon to Christmas Day at 12:00 Noon, and Block B shall run from Christmas Day at 12:00 Noon to December 26"' at 12:00 Noon. 7. Mother shall have physical custody of the child on Mother's Day from 9:00 AM until 9:00 PM, and Father shall have physical custody of the child on Father's Day from 9:00 AM until 9:00 PM. The parties shall alternate custody on the following holidays: Memorial Day, July 4`s and Labor Day. 9. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their period of physical custody. Neither party may smoke in the child's presence. 10. The parties shall keep each other informed of their current address, contact phone numbers and the names of any individual with whom they are residing. 11. Neither party shall say or do anything or permit a third parry to do or say anything which may estrange from the other partner, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each party shall encourage a meaningful relationship with the other party. 12. The parties shall cooperate with co-parenting counseling. 13. 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. C-07`8 4kO4 (?k G-d 46) BY THE COURT, Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION-LAW Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Daniel Bankert, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within Petition avers as follows: The child involved with this matter is Lindzey Bankert, born October 28, 2003, currently two years of age. 2. 4. 5. The Father and Petitioner is Daniel Bankert. The Mother and Respondent is Amanda Hershey. The most recent Order of Court regarding the above-captioned matter was entered by Stipulation on June 24, 2005 (attached as Exhibit "A"). Among other provisions, the Order provides for shared physical custody on a week on / week off basis. The Order additionally states that the parties shall cooperate with co-parenting counseling. 6. The Order additionally states that the parties will not smoke in the presence of the child. Father exercised his proper week of custody from Sunday, October 23, 2005 until Sunday, October 30, 2005. At some time shortly prior to October 30, 2005, Mother became unemployed and was evicted from her residence. 9. Father and Mother discussed this issue and agreed that the child would stay with Father until Mother got back on her feet and that Mother would get day-time visits as requested. 10. Mother requested her first daytime visit to take place on Monday, October 31, 2005. 11. Based on Father believing that the child would be back later in the evening as agreed upon, he did not provide Mother with the child's medications prescribed for her asthma issues. 12. Despite agreeing to the contrary, Mother failed to return the child on the evening of October 31, 2005. 13. At this point, Father has reason to believe that Mother is essentially homeless, and is taking shelter in various different locations that are inappropriate for the young child. 14. Father has reason to believe that Mother has been leaving the child with individuals that are incapable of supervising and caring for the child. 15. Mother has refused to disclose to Father any of the locations where she is staying or her contact information. 16. Mother is not in possession of the child's necessary medication and is putting the child at risk should asthmatic symptoms arise. 17. Mother routinely smokes in the child's presence despite the child's asthmatic problem and the prior Court Order. 18. To date, Mother has refused to cooperate with co-parenting counseling as provided. 19. On the ordered exchange date of November 13, 2005, Mother failed to return the child in violation of the prior Order. 20. Due to Mother's current situation, Father believes and therefore avers that the child's health, safety, and development are currently in jeopardy. 21. Father has full-time employment and suitable living arrangements for the child and is in the position to adequately care for the child until Mother takes the necessary steps to improve her situation and participate in custody counseling as previously ordered. WHEREFORE, Petitioner respectfully requests the Court to Order that the child be placed in the primary care of Father until Mother takes the necessary steps to improve her situation. Date: Respectfully submitted, ROMINGER, BAYLEY & WHARE Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Petitioner Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION -LAW Defendant IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: Daniel Bankert, Petitioner Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Family Law Clinic Dickinson Law School 45 N. Pitt St. Carlisle, PA 17013 Dated: ?D-5 ark F. Bayley, Esquire Attorney for Petitioner RECEIVED JUN 2 3 20050y1 D s J z- Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2004-4544 CIVIL TERM /Daniel Bankert, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this a day of Tct,,k e- , 2005, based on the Stipulation of the parties, the Court hereby Orders as follows: The prior Order of Court dated February 25, 2005 is hereby vacated. The Mother, Amanda Hershey, and the Father, Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all decisions affecting the child's general wellbeing including, but not limited to, all decisions regarding her health, education and religion. The parties shall inform each other of who the child's regular caregiver is. The parties shall notify each other of all medical care the child receives while in the their care. The Father and Mother will keep each other appraised of all medical appointments with at least one (1) week's notice. The parties shall have shared physical custody on a week on / week off basis. The parties will transfer the child every Sunday at 7:00 PM at the Carlisle Police Department. EX14)6)r"A„ JG L 4. The ii thc-??. The parties shall equally share custody of the child on the child's birthday. The parties shall divide each child's birthday into two (2) time periods, with the time of exchange to be agreed upon mutually by the parties one (1) week prior to the child's birthday. The Mother shall also have physical custody of the child for three (3) hours for the child's half-sister's bi day party. The Mother shall 1 ? e? provide the Father with the date ones j week prior to the party. Thanksgiving shall be shared such that Father shall have physical custody of the child from 9:00 AM until 3:00 PM, and Mother shall have physical custody of the child from 3:00 PM until 9:00 PM. 6. Christmas shall be divided into two (2) blocks. Block A shall run from Christmas Eve at 12:00 Noon to Christmas Day at 12:00 Noon, and Block B shall run from Christmas Day at 12:00 Noon to December 26`h at 12:00 Noon. Mother shall have physical custody of the child on Mother's Day from 9:00 AM until 9:00 PM, and Father shall have physical custody of the child on Father's Day from 9:00 AM until 9:00 PM. 8. The parties shall alternate custody on the following holidays: Memorial Day, July 4`' and Labor Day. 9. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their period of physical custody. Neither parry may smoke in the child's presence. 10. The parties shall keep each other informed of their current address, contact phone numbers and the names of any individual with whom they are residing. 11. Neither parry shall say or do anything or permit a third party to do or say anything which may estrange from the other partner, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each party shall encourage a meaningful relationship with the other parry. 12. The parties shall cooperate with co-parenting counseling. 13. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. 3 WPY FROM RECORD 1 here (into Set aV ik" i3 s '1 of s;'o CWW at rlsle. ft r Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION - LAW Defendant IN CUSTODY -- -71 1 11 hJ STIPULATION AND NOW, the above parties hereby enter into the within Stipulation as follows: 1. The prior Order of Court dated February 25, 2005 is hereby vacated. 2. The Mother, Amanda Hershey, and the Father, Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all decisions affecting the child's general wellbeing including, but not limited to, all decisions regarding her health, education and religion. The parties shall inform each other of who the child's regular caregiver is. The parties shall notify each other of all medical care the child receives while in the their care. The Father and Mother will keep each other appraised of all medical appointments with at least one (1) week's notice. 3. The parties shall have shared physical custody on a week on / week off basis. The parties will transfer the child every Sunday at 7:00 PM at the Carlisle Police Department. 4. child's-birthday. The parties shall equally share custody of the child on the child's birthday. The parties shall divide each child's birthday into two (2) time periods, with the time of exchange to be agreed upon mutually by the parties one (1) week prior to the child's birthday. The Mother shall also have physical custody of the child for three (3) hours for the child's half-sistte'rr'1s birthday party. The Mother shall provide the Father with the date one ? week poor to the party. Thanksgiving shall be shared such that Father shall have physical custody of the child from 9:00 AM until 3:00 PM, and Mother shall have physical custody of the child from 3:00 PM until 9:00 PM. 6. Christmas shall be divided into two (2) blocks. Block A shall run from Christmas Eve at 12:00 Noon to Christmas Day at 12:00 Noon, and Block B shall run from Christmas Day at 12:00 Noon to December 26`s at 12:00 Noon. 7. Mother shall have physical custody of the child on Mother's Day from 9:00 AM until 9:00 PM, and Father shall have physical custody of the child on Father's Day from 9:00 AM until 9:00 PM. 8. The parties shall alternate custody on the following holidays: Memorial Day, July 4`" and Labor Day. 9. Neither party may use illegal drugs or alcohol to the point of intoxication immediately before or during their period of physical custody. Neither party may smoke in the child's presence. 10. The parties shall keep each other informed of their current address, contact phone numbers and the names of any individual with whom they are residing. 11. Neither party shall say or do anything or permit a third party to do or say anything which may estrange from the other partner, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each party shall encourage a meaningful relationship with the other parry. 12. The parties shall cooperate with co-parenting counseling. 13. 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. WHEREFORE, the parties request that the Court enter the attached Order pursuant to the within Stipulation. Co Date (, /teaks Date Daniel Bankert Amanda Hers y /11 lzenf M-: Gornall bertified Legal I Counsel for Plait 3 RobertV. ins Thom . Place Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 7 Mark F. Bayley, Esquire Rominger, Bayley, & Whare 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Counsel for Defendant G _, Nnv J1 7 2005 d Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this a/At day of `Z/Lc//hZCtP/? , 2005, a hearing is hereby scheduled for the within Emergency Petition on the S-o day of 2005, at ,3 .'30 o'clock, m., in Courtroom # of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, J. Distribution: Mark F. Bayley, Esquire Family Law Clinic /l-j 1-65- 11\ it 01 -11!^J''a i1, I'MSS'uz Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION - LAW Defendant IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Daniel Bankert, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within Motion avers as follows: A hearing with regard to the above-captioned matter was previously scheduled for December 5, 2005. 2. The parties stipulated to continue said hearing to the date of February 6, 2005. Wherefore, Petitioner respectfully requests that the hearing scheduled with regard to the above-captioned case be continued to February 6, 2005. Dated-) Respectfully submitted, Mark F. Bayley, Esquire Rominger, Bayley hare 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Petitioner Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION -LAW Defendant IN CUSTODY VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for Defendant/Petitioner, Daniel Bankert, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: / r A-A'a Mark F. Bayley, Esquire Attorney for Petitio Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION-LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant/Petitioner, do hereby certify that I this day served a copy of the Motion For Continuance upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lucy Johnston-Walsh, Esquire Family Law Clinic Dickinson Law School 45 N. Pitt St. Carlisle, PA 17013 Date: ? 0_'?f7 Mark F. Bayley, Esquire Attorney for Petitioner rv,i _ 5 CD DEC d 8 too5? Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this /z' day of Tw-,,,t e , 2005, the hearing previously scheduled for December 5, 2005, is hereby continued to February 6, 2006 at 3:30 PM, in Courtroom #4 of the Cumberland County Courthouse, Carlisle, PA. By the Court, Distribution: Mark F. Bayley, Esquire Jacqueline Verney, Esquire Lucy Johnston-Walsh, Esquire /1- l1 -6 0_7t-4 AMANDA HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-LAW NO. 04-4544 CIVIL DANIEL BANKERT, Defendant IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this 2 day of February, 2006, hearing on the above captioned matter set for February 6, 2006, is continued to Thursday, February 16, 2006, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, rLucy Johnston-Walsh, Esquire For the Plaintiff t-11ark F. Bayley, Esquire For the Defendant Am J J 0- its {, 1 r;a 9"i,7 Amanda Hershey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2004-4544 CIVIL TERM Daniel Bankert, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AND NOW, this AP day of , 2006, I, Brooke Binger, Paralegal for Mark F. Bayley, Esquire, attorney for Defendant, in the above-captioned action, hereby swear that I have served a Subpoena in the above-captioned matter, upon Claudia Weems of Cumberland County Children & Youth Services by giving the same by hand to Y at the Cumberland County Children & Youth Services , Hunan Services Bldg., Suite 200, 16 W. High St., Carlisle, PA 17013 Said Subpoena requiring her presence at Cumberland County Courthouse, Courtroom Number 4 at 9:00 o'clock, AM on February 16, 2006, and bringing with her said documents as specified in the Subpoena. Sworn and subscribed to before me this Brooke Binger ?9? day of f 2006 h Notat is Ueda J. Jur w, Notary Pd* Cadre 60ro, CunbeOa d C" Nye Cem wssion 5 Tres July 23.2006 Member. PW%ytVWin Assom" Of NOWN N C> _n L V? ? ..f3 -Tl-'.. ?.? ?T CV , _n {_ '? '?`? -? ? ' T. - r i.._ ??) ? `S> LJ ?? MJ, C:? AMANDA HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 04-4544 CIVIL DANIEL BANKERT, Defendant IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this 2 2 4 day of February, 2006, the petition of the defendant for emergency relief is DENIED. This order is entered without prejudice to the defendant to seek primary physical custody by a motion to modify custody or in the context of the pending dependency proceeding. BY THE COURT, Lucy Johnston-Walsh, Esquire For the Plaintiff Mark F. Bayley, Esquire For the Defendant Am Amanda Hershey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Daniel Bankert, Defendant : NO. 04-4544 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this & day of , 2009, between Amanda Hershey, hereinafter Mother, and Daniel Bankert, hereinafter Father, concerns the custody of their child: Lindzey Bankert, born October 28, 2003. Mother and father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child as follows: a. Mother shall have custody of the child every other Sunday from 12:00 PM until 4:00 PM. 4. Mother and Father agree that drop off and pick up of the child will occur at the Carlisle Police Station. 5. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. Neither parent will do anything which may estrange the child from the other party, or 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. 7. Neither parent will drink alcohol to the point of intoxication or use illegal'. drugs during periods of custody. 8. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. Aman a L ne Hershey, Plaintiff Sarah Rosko Certified Legal Intern Counsel for Plaintiff ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Plaintiff Daniel L Bankert, Defendant S? ZZ_O°j V" y Y `? Cdr C4 4- FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 OF THE i 4,'3Y I 2003 J'?J'Nr -3 AN 10- 1 JUN 0 4 20094 Amanda Hershey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Daniel Bankert, ; Defendant : NO. 04-4544 CIVIL TERM ORDER OF COURT AND NOW, this day of , 2009, upon consideration of the attached agreement, it is hereby ordered that the Order of Court dated February 14, 2007 docketed to CP-21-JV-43-2006, and the Order of Court dated June 24, 2005 docketed to 04-4544 are hereby modified and shall be as follows: 1. Mother and Father shall share legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child as follows: a. Mother shall have custody of the child every other Sunday from 12:00 PM until 4:00 PM. 4. Mother and Father agree that drop off and pick up of the child will occur at the Carlisle Police Station. 5. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 6. Neither parent will do anything which may estrange the child from the other party, or 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. 7. Neither parent will drink alcohol to the point of intoxication or use illegal drugs during periods of custody. .J ti 73 85 .c 21, ? ? ? Cv% AMANDA HERSHEY, Plaintiff v. DANIEL BANKERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE N0.04-4544 CIVIL TERM C') ''~ _. ° -=~ CERTIFICATE OF SERVICE ~ ` ~ ~ „ c~ rr~ ~_~ I, Ashley Ferguson, Certified Legal Intern, Family Law Clinic, hereby ce~~ tha~'~, .-~ e..~ E ~= served a true and correct copy of the Petition for Civil Contempt and Petition to 11~dify ~sto~y, on Mark F. Bayley, Counsel for the Defendant, on July 2, 2010, at 17 West South 5eet,`.~ ~ j ~ ~` ~~ =< Carlisle, PA 17013, by depositing, on this date, a copy of the same in the United States rfr~il, postage prepaid. I verify that the statements made in this Affidavit 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 unsworn falsification to authorities. Date ~ ~-- G r Ashley Ferguso Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 AMANDA HERSHEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL BANKERT • 20004- CIVIL ACTION LAW 4544 IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 09, 2010 ,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 Coun Courthouse, Carlisle on Tuesday, July 27, 2010 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled. conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF Y~ D(~VOT.~ HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF~ICE~ET .~ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. -~ .~~ ~= `" --~+ c; Cumberland County Bar Association ~ ~._._ ~ t 32 South Bedford Street ,- ~O .¢~ ~~p{l, Carlisle, Pennsylvania 17013 ~: ~ ;, v ~ ~_- Telephone (717) 249-3166 -- -'" ~ ~l~ ~~s ~~ AUG 3 U -2010 AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-4544 CIVIL ACTION - ~ sf c DANIEL BANKERT, w -~ Defendant : IN CUSTODY ~~ ~> 3 ~. ORDER OF COURT N Od AND NOW, this 3i '~ day of _ ~. «»~ _, 2010, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 5, 2009 is hereby vacated. Mother's Petition for Contempt is held in abeyance. 2. The Mother, Amanda Hershey and the Father, Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. Each pazent shall have an equal right, to be exercised jointly with the other pazent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regazding her 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 pazent. To the extent one pazent has possession of any such records or information, that pazent shall be required to shaze 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 pazents shall be entitled to full participation in all educational and medicaUtreatment planning meetings and evaluations with regazd 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 pazents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cazds. 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. 3. Father shall have primary physical custody of the child. 4. Mother shall have the following periods of partial physical custody of the child: A. Beginning Saturday, September 4, 2010, alternating weekends from Saturday at 1:00 p.m. to Sunday at 5:00 p.m. B. Beginning Sunday, September 12, 2010, alternating Sundays from 1:00 p.m. to 5:00 p.m. 5. Transportation shall be shared such that the parties shall meet at the Cazlisle Police Station to exchange custody. 6. Mother and Father shall notify each other of all medical caze the child receives while in the pazent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that pazent's caze. 7. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other pazent or which may hamper the free and natural development of the child's love and respect for the other pazent. 8. Neither parent will drink alcohol to the point of intoxication or use illegal drugs immediately before or during their period of physical custody. 9. 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. Another Custody Conciliation Conference is scheduled for November 1, 2010 at 9:30 a.m. BY THE COURT, Kevin ess, ~ P.J. cc•: As ey Ferguson, certified legal int ,with Anne MacDonald-Fox, Esquire, Counsel for Mother Mazk F. Bayley, Esquire, Counsel for Father g/,~t~ `'~ AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : N0.2004-4544 CIVIL ACTION -LAW DANIEL BANKERT, . Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lindzey Bankert October 28, 2003 Father 2. A Conciliation Conference was held in this matter on August 30, 2010, with the following in attendance: The Mother, Amanda Hershey, (by telephone) with her counsel, Ashley Ferguson, certified legal intern, Anne MacDonald-Fox, Esquire, Family Law Clinic and the Father, Daniel Bankert, with his counsel, Mazk F. Bayley, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, P.J. dated June 5, 2009 providing for shazed legal custody, with Father having primary physical and Mother having every Sunday 12:00 noon to 4:00 p.m. 4. The parties agreed to an Order in the form as attached. Date: ~ "30 -~ o ac eline M. Verney, Esquire Custody Conciliator ~IOV 0 '1LUIU Y AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-4544 CIVIL ACTION -LAW i7 tv DANIEL BANKERT, `_ ~_ Defendant : IN CUSTODY c%~ '.~ t --' t"J ORDER OF COURT ~ ~,. -~- ~ -= `~ w yy."~ •• AND NOW, this Z'' day of ~~-'r" , 2010, upon "==i ~`•' consideration of the attached Custody Conciliation Report, it is ordered and directezd asp follows: 1. The prior Order of Court dated August 31, 2010 is hereby vacated. Mother's Petition for Contempt is held in abeyance. 2. The Mother, Amanda Hershey and the Father, Daniel Bankert, shall have shared legal custody of Lindzey Bankert, born October 28, 2003. 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 her 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. 3. Father shall have primary physical custody of the child. 4. Mother shall have the following periods of partial physical custody of the a "'i'i r~,~ :~ ~ .:.'~ ""{ -n o --ri ~~ :xi -~ child: A. Alternating weekends, from Friday at 7:00 p.m. to Sunday at 7:00 p.m. In the event that the child does not have school on the Monday following Mother's custody, the partial physical custody shall extend to 7:00 p.m. on that Monday. B. Christmas: Father shall have physical custody of the child until noon on Christmas Day. Mother shall have physical custody of the child from noon Christmas Day until noon on December 29. C. Thanksgiving, Easter, Memorial Day, Fourth of July, and Labor Day shall be shared such that Father shall always have physical custody from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody from 3:00 p.m. to 9:00 p.m. 5. Transportation shall be shared such that the parties shall meet at the Carlisle Police Station to exchange custody. 6. 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. 7. Neither parent will do anything which may estrange the child from the other party, or 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. 8. Neither parent will drink alcohol to the point of intoxication or use illegal drugs immediately before or during their period of physical custody. 9. 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. Another Custody Conciliation Conference is scheduled for February 22, 2011 at 9:30 a.m. BY THE COURT, Kevin ess, P.J. cc: ley Ferguson, certified legal intern, with Anne MacDonald-Fox, Esquire, Counsel for Mother Mark F. Bayley, E,squrire, Counsel for Father Co~~~E,s wi.'a~ ~d-~ !!~~ ~ d ~v~ AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-4544 CIVIL ACTION -LAW DANIEL BANKERT, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Lindzey Bankert October 28, 2003 Father 2. A Conciliation Conference was held in this matter on November 1, 2010, with the following in attendance: The Mother, Amanda Hershey, with her counsel, Ashley Ferguson, certified legal intern, Anne MacDonald-Fox, Esquire, Family Law Clinic and Father's counsel, Mark F. Bayley, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, P.J. dated August 31, 2010 providing for shared legal custody, with Father having primary physical custody and Mother having alternating weekends, Saturday to Sunday and on the off Sunday from 1:00 p.m. to 5:00 p.m. 4. The parties agreed to an Order in the form as attached. Date: ~~~ ~ -/V ~ U ac line M. Verney, Esquire Custody Conciliator AMANDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND C OUNTY, PENNSYLVANIA V. : NO. 2004-4544 CIVIL ACTION - LAW DANIEL BANKERT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this fday of tea..- A , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as-r.,, follows: 1. The prior Order of Court dated November 2, 2010 shall remain in full force and effect with the following modifications and additions. 2. Mother shall provide an operational telephone number to Father by March 18, 2011. Father shall only call Mother concerning custody issues. 3. Christmas shall be divided into two Blocks. Block A shall be from the afternoon school recesses to 12:00 noon on December 26. Block B shall be from 12:00 noon on December 26 to 12:00 noon on the day before school resumes. 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. 4. The parties shall exchange custody at the Getty gas station in Boiling Springs, Pennsylvania. Father shall remain in his car at exchanges. 5. Mother shall have physical custody of the child for three non-consecutive weeks in the summer, one week each in the months of June, July and August, provided she give notice to Father by April 30 of each year. 6. 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. BY THE COURT, "?i "? Kevin A. P.J. cc: shley Nichols, certified legal intern, with Anne MacDonald-Fox, Esquire, Counsel for Mother, Family Law Clinic ? Mark F. Bayley, Esquire, Counsel for Father cOpes 3'?5 DCB J 4 AMANDA HERSHEY, Plaintiff V. DANIEL BANKERT, Defendant PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-4544 CIVIL ACTION - LAW : IN CUSTODY litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lindzey Bankert October 28, 2003 Father 2. A Conciliation Conference was held in this matter on March 14, 2011, with the following in attendance: The Mother, Amanda Hershey, with her counsel, Ashley Nichols, certified legal intern, Anne MacDonald-Fox, Esquire, Family Law Clinic and Father's counsel, Mark F. Bayley, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, P.J. dated November 2, 2010 providing for shared legal custody, with Father having primary physical custody and Mother having alternating weekends, Saturday to Sunday and a holiday schedule. 4. The parties agreed to an Order in the form as attached. Date: 3 l 11 ?/ acq ine M. Verney, Esquire Custody Conciliator Amanda Hershey : IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, ) PENNSYky AN k 3 P�IA V. : NO. 04 -4544 CIVIL TERM MUD C= � "? :;_.. Daniel Bankert Defendant : IN CUSTODY <= n K� k PETITION FOR LEAVE TO WITHDRAW °- (J"I Petitioner, The Community Law Clinic (formerly the Family Law Clinic)hereby petitions for leave to withdraw from further representation of Amanda Hershey, pursuant to Pa.R.P.C. 1.16(b)(1), (b)(4), and (b)(6) and Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. The Community Law Clinic entered an appearance in the above captioned matter on behalf of Amanda Hershey on September 8, 2004. 2. Since September 8, 2004, the Community Law Clinic has attended various legal proceedings on behalf of Ms. Hershey. 3. On March 15, 2011, the Court issued the most recent Custody Order in this case. 4. There are no legal issues pending in this case. 5. During the course of representation, irreconcilable differences have arisen between the Community Law Clinic and Ms. Hershey which have made further representation of her unreasonably difficult. 6. On June 3, 2013, we informed Ms. Hershey of our decision to petition for leave to withdraw by mailing her a letter to 7 Peiper Court, Carlisle, PA 17013, detailing our position and our desire to withdraw. 7. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought concurrence from opposing counsel to this petition; opposing counsel concurred. 8. The prior judge to rule in the matter was the Honorable Judge Kevin A. Hess. WHEREFORE, the Community Law Clinic requests permission to withdraw as counsel for Ms. Hershey in this matter. Respectfully Submitted, Date: /-S Michael Gleeson Certified Legal Intern Megan esmeyer Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 Amanda Hershey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04—4544 CIVIL TERM Daniel Bankert, Defendant IN CUSTODY I verify that the statements made in this Petition 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. Michael Gleeson Certified Legal Intern Amanda Hershey; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04—4544 CIVIL TERM Daniel Bankert, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael Gleeson, Certified Legal Intern, Community Law Clinic,hereby certify that I served a true and correct copy of a Petition to Leave for Withdraw on the following persons by first class United States mail, postage prepaid, the day of June, 2013: Amanda Hershey, Sou4-k residing at 7 Peiper Court, Carlisle, PA 17015, and Mark Bayley, Esq., at 17 West I Street, Carlisle, PA 17013 (counsel for Daniel Bankert). Michael Gleeson Certified Legal Intern Amanda Hershey : MIT IE COURT OF COMMON PLEAS OF Plaintiff, _CUMBERLAND COUNTY, PENNSYLVANIA N O. 04-4544 CIVIL TERM Daniel Bankert, Defendant : IN CUSTODY ORDER OF COURT—RULE TO SHOW CAUSE AND NOW, this_/Dr day of u11 „ , 2013: (1) a rule is issued upon Amanda Hershey to show cause why the Community Law Clinic should not be granted leave to withdraw as counsel of record; (2) Amanda Hershey shall file an answer to the petition within twenty days of service upon her; (3) the petition shall be decided under Pa.R.C.P. No.206.7; (4) notice of the entry of this order shall be provided to all parties by the Community Law Clinic. By the Court, - _r -n_ TY ey rnrw-4 Lim Z-/1 011.3 Amanda Hershey : IN THE COURT OF COMMON PLEA OF Plaintiff, : CUMBERLAND COUNTY, PENNSY VA20A MCO V. : NO. 04 - 4544 CIVIL TERM ' ' . CO ,... Daniel Bankert, � Defendant : IN CUSTODY `S CD 3- r7 4 --1 PETITION TO MAKE RULE ABSOLUTE AND NOW, comes petitioner, the Community Law Clinic, and petitions the court as follows: 1. Petitioner, the Community Law Clinic, is counsel of record for the above-named Plaintiff, Amanda Hershey. 2. Petitioner filed a Petition to Withdraw in this matter on June 5, 2013. On June 10, 2013,this Court issued a Rule to Show Cause why the Community Law Clinic should.not be permitted to withdraw. A copy of the Petition and Rule to Show Cause are attached hereto and incorporated herein by reference as Exhibit"A". 3. The June 10, 2013 Rule to Show Cause permitted either party to object to the Community Law Clinic's request to withdraw as Amanda Hershey's counsel, within twenty (20) days after service. 4. A true and correct copy of the Petition was served upon Respondent, Amanda Hershey, by first class mail, postage prepaid, at 7 Peiper Court, Carlisle, PA 17015 on June 5, 2013. A true and correct copy of the Petition was served upon counsel for Defendant on the same date. 5. A true and correct copy of the June 10, 2013 Rule to Show Cause was served upon Respondent, Amanda Hershey, by first class mail, postage prepaid, at 7 Peiper Court, Carlisle, PA 17015 on June 12, 2013. A true and correct copy of the June 10, 2013 Rule to Show Cause was served upon counsel for Defendant on the same date. 6. Twenty (20) days have passed since the Rule was served upon the Respondent and Plaintiff's counsel, and no response or objection has been filed. WHEREFORE, the Community Law Clinic requests this Court to enter an Order permitting it to withdraw as counsel for Amanda Hershey in this matter. Date: ©�, �, 2 Michael Glee Certified Legal Intern Meg n Riesmeyer if Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ichael Gleeson Certified Legal Intern Amanda Hershey : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04 - 4544 CIVIL TERM Daniel Bankert, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Michael Gleeson, hereby certify that I am serving a true and correct copy of the Petition to Make Rule Absolute on the following persons by depositing a copy of the same in the United States Mail, postage prepaid, this 8th day of June, 2013: Amanda Hershey 7 Peiper Court Carlisle, PA 17015 Mark Bayley, Esq., counsel for Defendant 17 West South Street Carlisle, PA 17013 Michael Gleeson Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 Amanda Hershey : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. :NO. 04-4544 CIVIL TERM v n: Daniel Bankert, Defendant : IN CUSTODY r<CJ PETITION FOR LEAVE TO WITHDRAW <. Petitioner,The Community Law Clinic(formerly the Family Law Clinic)hereby petitions for leave to withdraw from further representation of Amanda Hershey,pursuant to Pa.R.P.C. 1.16(b)(1), b 4 ,and 6 and Pa.R.C.P. 1012(b),and in support therefore avers the OO (b)O pP following: 1. The Community Law Clinic entered an appearance in the above captioned matter on behalf of Amanda Hershey on September 8,2004. 2. Since September 8,2004,the Community Law Clinic has attended various legal proceedings on behalf of Ms.Hershey. 3. On March 15, 2011,the Court issued the most recent Custody Order in this case. 4. There are no legal issues pending in this case. 5. During the course of representation,irreconcilable differences have arisen between the Community Law Clinic and Ms.Hershey which have made further representation of her unreasonably difficult. 6. On June 3, 2013,we informed Ms.Hershey of our decision to petition for leave to withdraw by mailing her a letter to 7 Peiper Court, Carlisle,PA 17013, detailing our position and our desire to withdraw. 7. Pursuant to C.C.R.P. 208.2(d),the Family Law Clinic sought concurrence from EXHIBIT D • D opposing counsel to this petition; opposing-counsel concurred. 8. The prior judge to rule in the matter was the Honorable Judge Kevin A.Hess. WHEREFORE,the Community Law Clinic requests permission to withdraw as counsel for Ms. Hershey in this matter. Respectfully Submitted, Date: (G s L3. 161 Michael Gleeson Certified Legal Intern / ( ` m- MeganXiesmeyer Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle,PA 17013 717-243-2968 Amanda Hershey, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 04—4544 CIVIL TERM Daniel Bankert, Defendant : IN CUSTODY I verify that the statements made in this Petition 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. Michael Gleeson Certified Legal Intern Amanda Hershey, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04—4544 CIVIL TERM Daniel Bankert, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Michael Gleeson, Certified Legal Intern, Community Law Clinic,hereby certify that I served a true and correct copy of a Petition to Leave for Withdraw on the following persons by first class United States mail,postage prepaid,the day of June,2013: Amanda Hershey, residing at 7 Peiper Court, Carlisle,PA 17015,and Mark Bayley,Esq.,at 17 West High Street, Carlisle,PA 17013 (counsel for Daniel Bankert). Michael Gleeson Certified Legal Intern Amanda Hershey : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA NO. 04-4544 CIVIL TERM Daniel Bankert, Defendant :IN CUSTODY ORDER OF COURT--RULE TO SHOW CAUSE AND NOW,this joy' ay of, , 2013: (1) a rule is issued upon Amanda Hershey to show cause why the Community Law Clinic should not be granted leave to withdraw as counsel of record; (2) Amanda Hershey shall file an answer to the petition within twenty days of service upon her; (3) the petition shall be decided under Pa.R.C.P.No. 206.7; (4) notice of the entry of this order shall be provided to all parties by the Community Law Clinic. cV3 By the Court, Amanda Hershey : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04 - 4544 CIVIL TERM Daniel Bankert, Defendant : IN CUSTODY ORDER OF COURT AND NOW,this /1' day of �, 2013, upon presentation and consideration of the within Petition to Make Rule Absolute,the Rule entered by Order on June 5, 2013, is hereby made ABSOLUTE and Petitioner, the Community Law Clinic, is permitted to withdraw as counsel for the Plaintiff, Amanda Hershey. BY TH OURT, J. co , t CA.) l C= rz;.t 61AAC r-=