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Home My WebLink About04-5309 V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D/- SJD'i' {Sui ~~ CIVIL ACTION. LAW IN CUSTODY COMPLAINT FOR CUSTODY J Scott Gardner, Plaintiff Wendy L Kirk, Defendant 1, The Plaintiff J Scott Gardner residing at 2712 Lisburn Road, Number 304, Camp Hill, Cumberland County, Pennsylvania, 17011, 2, The Defendant is Wendy L Kirk residing at 3D Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3, Plaintiff seeks custody of the following children: children Chase A Gardner Date of Birth April 15 2004 The child was born out of wedlock, The child has been in the primary custody of Defendant. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATES Wendy L Kirk 3D Round Ridge Rd Mech PA 17055 birth to present The mother of the child is Defendant, Wendy L Kirk, and she is not married, 4, The relationship of Plaintiff to the child is that of father, Plaintiff currently resides alone, 5, The relationship of Defendant to the child is that of mother residing with the minor child, 6, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, Plaintiff has no information of a Gustody proceeding concerning the children pending in a court of this Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 7, The best interests and permanent welfare of the child will be served by granting the relief requested because Defendant's behavior is riddled with neurosis and placing the child with the Defendant only serves to further the instability in the child's young life; moreover, a, Defendant has embarked upon a deliberate course of alienation; b, Defendant has used the child as a pawn in matters between the parties; c, Moreover, Plaintiff is the father and is entitled to extensive time with his child rather than that time whiGh Defendant unilaterally determines, 8, Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action, All other persons, named below, are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests the court to grant the relief herein requested, Respectfully submitted, ~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, DATE: t? ;;)'y' ~ ~ 1V - #- -- D . ~ ~ 0 C) ,...., 0 ~;~" C" e,:', -I'"] .jl;;- ...... C._) --; -1'" E ~ r C) r;1 -~'. , . ,. ',~ I t :'::! Co.) ---~! (.11 -...t... L<C VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities. DATE: f?;;J; y' /'/ ttA~ <, . ' >() ',,'v"\_ J SC"~dne ,Plaintiff , I t, \_/ J. SCOTT GARDNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 04-5309 CIVIL ACTION LAW WENDY L. KIRK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Thursday, December 02, 2004 at 11 :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 existinl~ Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!:. FOR THE COURT. By: Isl Melissa P. GreeVJT, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, YOU SHOULD TAKE TillS 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 ~' (!....,~ ,.-LA ~ ~ ~ A~ (,f',(#' Y::/,/' ~ ~-,ytl- A(/'(f',()( ~ i? ':2 ~'1<1' ~'pe71(/'Lf:'<7/ ),JJ:(~iU:'l:L.\f'f'<]'~=:-.3 (7 I ,(' "I I ~ "'0 .. t .v ,".~. ,,' 1 ,. !-:()iH "-'- !_" _.'JI dJiJ" /';"'(1./1(<\'i',:__, _,",',; I -:' ,. \~JY ,-,;,' , '," '_-'''-1 ."'-11 -.10 -..' ."V'-''-, ...H u.. ~ if""',I-I-J,....~.]"1I..J ... :JJ...r_.U--'\..L:J il..., J Scott Gardner, Plaintiff IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. No: 04-5309 Civil Term Wendy L Kirk, Defendant CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW' Please withdraw James A Miller, Esquire, Miller Lipsitt LLC, as counsel of record for the Plaintiff, J Scott Gardner in the above captioned action,_ Dated: 1/-lo-tYf !&!/~ James AIr, Esquire Miller ~tt LLC ~l8'rMarket Street ______ Camp Hill P A 17011 (717) 737 6400 ID 61352 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Plaintiff J. Scott Gardner, Pro SE, in the above captioned matter. Dated: 1/ /J7/tJf (') ~ ~ c. ':? :(-" ~~ .~\:t -:e. f'! (I ~ Z''J.:'' c...7 \'- N ....)f'tJ t?> -O~ ..:..c. \;"'~~, J;:'" b r:;:'"' :? .,. i ~, ' ",,-, . ~ 0:0 ,%C 7~ )72: CP. 9 z 1s. :.2 N c..-> ::<: Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA J. SCOTT GARDNER, v : NO. 64-5309 WENDY L. KIRK, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter my appearance on behalf of the Plaintiff, J. Scott Gardner. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire I.D. No. 32112 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 Fax: (717) 975-0697 Date: December -1-, 2004 Diane G. dcliff, Esquire C ~ (') 1"'-:> r' = ~J c~- = -II ..;r;- C1 :-~"i C-J I (.,,) -r: " Co,) - ,.(- ~. -"J r-.' '.......;;:;,. 0 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA J. SCOTT GARDNER, v : NO. 04-5309 WENDY L. KIRK, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE WITHOUT LEAVE OF COURT (Rule 1012(b)(2)(i)) To the Prothonotary: Withdraw my appearance on behalf of the Plaintiff, J. Scott Gardner. Diane G. Radcliff, Esquire has entered her appearance for the aforementioned party. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Date: ( L' ) - . y - ~~---~., ~ ~esMnller, Esquire ~7 Market Street Camp Hill, PA 17011 (717) 737-6400 ----------/ (') "" CI C.:r ,-- C':''J -q -, .c- t::::1 r-l"; ,,: '.j, c> -r.) (,,) (',) c.n Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA J. SCOTT GARDNER, v : NO. 04-5309 WENDY L. KIRK, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE FOR WITHDRAWAL AND ENTRY FOF APPEARANCE To the Prothonotary: Withdraw my appearance on behalf of the Plaintiff, J. Scott Gardner. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. ~ Date: December 17, 2004 ~u CLIFF, ESQUIRE ~ e Road Camp Hill, PA 17011 (717) 737-0100 I I ( To the Prothonotary: Enter my appearance pro se. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: J. Scott Gardner 2712 Lisburn Road #324 Camp Hill, PA 17011 Date: December 17, 2004 \ t \ c:\ , ' : .) C') \",) --l C,.1'1 (,':: ..- ~ ~ ':. " '\ , I Ii Q I'll':]!':):}' J,~,N ,7 II;"~ J. SCOTT GARDNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 04-5309 CIVIL ACTION LAW WENDY L. KIRK Defendant IN CUSTODY "" AND NOW, this I ~ day of \' consideration of the attache~onciliation ep r /'Zv7 .:S ,.....2OO4;-"upon , it is ordered and directed as follows: 1, The Mother, Wendy L. Kirk, and the Father, J, Scott Gardner, shall have shared legal custody of Chase A. Gardner, born Aprill5, 2004, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion, Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information, 2, The Mother shall have primary physical custody of the Child. 3, The Father may file a petition with the Court for the scheduling of an additional custody conciliation conference ifhe desires to establish a schedule for periods of custody with the Child, 4, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the ternlS of this Order shall controL ./ BY THE COURT, /~. ~:;:7 J/~ >' cc: J, Scott Gardner, Father Sandra L. Meilton, Esquire - Counsel for Mother 1 ~ ,/1'1'~ /- / )1('./ 9- ;-:: ",r, ~~ u,,\~.-< ~f{ J, G:115:' ~'1' J-. ~l':: r.:.: Li_ e) UJ (") l:"1 .::; 1,,(":' ,:,-:::::> C::::I c-' J. SCOTT GARDNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 04-5309 CIVIL ACTION LAW WENDY L. KIRK Defendant 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 Chase A. Gardner April 15, 2004 Mother 2, A conciliation conference was held on January 5, 2005, with the following individuals in attendance: The Mother, Wendy L. Kirk, with her counsel, Sandra L. Meilton, Esquire, The Father, who is the plaintiff on this Complaint for Custody, did not appear for the conference or contact the conciliator. Although the Father was represented by counsel through the filing and the scheduling of this matter, prior to the conference the Father's two prior attorneys withdrew their appearances and the Father entered his own appearance Pro Se, 3, The Mother indicated at the conference that the Father has had sporadic contact with the Child since his birth in April 2004, Although the parties are able to communicate to some degree, there has been an incident leading to PFA proceedings and criminal charges against the Father. The Child has resided with the Mother since his birth in April 2004, It was the Mother's understanding from recent telephone conversations that the Father planned to attend the conference to establish some form of custody schedule. 4, Based upon the representations made by the Mother and h(lr counsel at the conference and the fact that the Father did not attend or contact the conciliator, the conciliator recommends an Order in the form as attached, J~v""""1 (, { ,,)t:V\S Date M--- ~d~ Dawn S, Sunday, Esquire Custody Conciliator John J. Connelly, Jr., Esquire Attorney LO. No. 15615 James Smith Oietterick & Connelly, LLP P,O. Box 650 Hershey, P A 17033 Attorneys for Plainliff/Pelilioner J, SCOTT GARDNER, Plaintiff /Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 94-5309 WENDY L. KIRK, DefendantlRespondent CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff/Petitioner, J, Scott Gardner, by and through his attorney, John J, Connelly, Jr" Esquire of James, Smith, Dietterick & Connelly, LLP, and hereby files the within Petition to ModifY Custody as follows: I, The parties are the parents of the minor child, Chase A, Gardner, date of birth April 15,2004, 2, On January 13,2005, the Court entered an Order awarding the DefendantlRespondent primary physical custody of the child and providing that the Plaintiff /Petitioner may file a Petition with the Court for the scheduling of an additional conciliation conference to establish the schedule for periods of custody with the child, 3, The Petitioner has not been able to work out a custody schedule with the Respondent and is therefore requesting that the Court schedule a conciliation for the purpose of entering an Order so that custody can be set forth in a Court Order, WHEREFORE, PlaintiffiPetitioner respectfully requests this Honorable Court schedule a custody conciliation conference in the above matter, Respectfully submitted, JAMES, SMITH, DlETTERICK & CONNELLY, LLP Dated: ~. By: Attorneys for Petitioner, J, Scott Gardner 2 . , VERIFICATION I, J, Scott Gardner, verifY that the statements made in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, Date: & I ~ 10 6' /L (: . J, SCOTT GARDNER, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 94-5309 WENDY L. KIRK, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, John J, Connelly, Jr" Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, J, Scott Gardner, hereby certifY that I have served a copy of the foregoing Petition to ModifY Custody on the following on the date and in the manner indicated below: VIA V.S MAIL, FIRST CLASS. PRE-PAID Sandra L. MeiIton, Esquire Tucker, Arensberg & Swartz 1 I 1 North Front Street P,O, Box 889 Harrisburg, PA 17108-0889 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ By: Attorneys for Petitioner, J, Scott Gardner - to\t:- - f"'- V'\ 0. ~ r \-)~ ~~ \) U) C- ~~ J ""--"1 ::<~ ~~,- ;;"',"', ~~i ::'~ -<. o s: ;~F;'C. .~/ .~ ..., = "'" <J' ,- c: ::~ ~ .-1 :1.:...,., r 11 p:: --0 \:0 'v9 ;')6 :~ :~~ '~:,~(~ :..::/' -,. ~j :-<: I ~ -u ::::: </! (.,) ...' - ], SCOTT GARDNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 04-5309 CIVIL ACTION LAW WENDY L. KIRK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before (}awn S, Sunday, Esq, at 39 West Main Street, Mechanicsbur2. FA 17055 on Wednesday, Jnly 13.2005 , the conciliator, at 12:00 PM 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 hearin!!:, FOR THE COURT, By: /s/ Dawn S. Sunday, 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, An 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 HA VE 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 Associa.tion 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~'2. ~ ~ Y(28~.? ~ iw ~ rfJ>1'>1I ~ ->O-e'e-? ~P-P-~~~'v~ -M pee.,? Vl N\/,Y1r~,~;~\j r'~:3 d IJ' 11""\(""" r,;~ '\;~'~::'r:'::I\in8 I .J'., L)., ,'.:'. '.'. '..r:'h 2€ :2 !rld 22 imf SOuZ ,", "" ," 'd :1' il .10 )b\"/JlJi".lUn.:.UcJ' ...II .J \ ~ 381+:tO-{]:IlH 0- RECEIVED AUG 02 2005 1) J, SCOTT GARDNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 04-5309 CIVIL ACTION LAW WENDY L. KIRK Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~day of 4J consideration of the attached Custody Conciliation Report, it is order , 2005, upon and directed as follows: 1. The prior Order of this Court dated January 13, 2005, shall continue in effect as modified by this Order. 2, The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Deborah Salem, LPC, The purpose ofthe evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs ofthe Child, The parties shall equally share all costs of the evaluation, The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child, The parties shall follow any interim recommendations of the custody evaluator concerning adjustments to the partial custody schedule set forth in this Order. 3, The Father shall have partial physical custody ofthe Child every week on Tuesday, Thursday and Sunday from 2:00 p.m. until 7:00 p,m, On Tuesdays and Thursdays, the Father shall pick up the Child from the babysitter. All other exchanges shall take place at the Lower Allen Police Station parking lot, unless other arrangements are made by agreement between the parties, 4, The parties and counsel shall attend an additional custody conciliation conference in the office ofthe conciliator, Dawn Sunday, on September 21,2005 at 10:00 a,m" if necessary, to address the ongoing custody schedule in light of the evaluator's recommendations, 5, 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, / ~ / cc: John J, Connelly, Jr., Esquire - Counsel for Father Donald T, Kissinger. Esquire - Counsel for Mother ~.:. ~ Y.03.o!1 C}-, _. cc '" \=:--~ C' u~;) C) (" \~.~-~. (1.\e: cDc- ;:::=!lLJ U..-'1- ~ LI_ e) 0:> ,,,-, (~ i..J.- (0 I .('" ~'\ :::~) ..,;.1: ...j"":' c:-::.~ c;~''> c-.. J, SCOTT GARDNER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 04-5309 CNIL ACTION LAW WENDY 1. KIRK Defendant IN CUSTODY Prior Judge: Edgar B. Bayley 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 Chase A. Gardner April 15, 2004 Mother 2. A conciliation conference was held on July 28, 2005, with the following individuals in attendance: The Father, J. Scott Gardner, with his counsel, John J. Connelly, Jr" Esquire, and the Mother, Wendy 1. Kirk, with her counsel, Donald T, Kissinger, Esquire, 3, The parties agreed to entry of an Order in the form as attached, Dattv ~ I, d-co. "i I D.~~ Custody Conciliator ~ i ' J. SCOTT GARDNER Plaintiff IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-5309 CIVIL ACTION LA W WENDY L. KIRK Defendant IN CUSTODY ORDER AND NOW, this 7th day of February,2006 ,the conciliator, having received no request from either counselor the parties to reschedule the custody conciliation conference set for November 10,2005, hereby relinquishes jurisdiction. Pursuant to the letter to counsel dated November 4,2005, either party may file a petition with the Court for custody conciliation reassignment. FOR THE COURT, FC'/';YVOA.A/! . Date 7 ,3-c:o& I ~~ Dawn S. Sun ay, Esquire Custody Conciliator ""i() ,.~ :8 11'.1 8 - (J]j SGOZ