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HomeMy WebLinkAbout04-6239DAVID M. KIRKPATRICK, Plaintiff VS. JULIA L. BOYANOWSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 4,1-1y Civil CIVIL ACTION - LAW CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this 9th day of December 2004, comes the Plaintiff, David M. Kirkpatrick, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is David M. Kirkpatrick, an adult individual currently residing at 314 Pisgah Road, Shermans Dale, Perry County, Pennsylvania 17090. 2. The Defendant, Julia L. Boyanowski, is an adult individual currently residing at 118 Peach Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant were never married; however, they are the natural parents of one child; namely: Randi Lynn Boyanowski, born September 6, 2001, in Harrisburg, Pennsylvania. 4. The parties had continued to be romantically involved until approximately December 1, 2004. 5. The parties did not live together. 6. Until approximately December 1, 2004, the Plaintiff, David M. Kirkpatrick, had been seeing his daughter on a daily basis. 7. At the time of the birth of the minor child, the parties entered into a Custody Agreement which provided for the Plaintiff, David M. Kirkpatrick, to visit with his daughter every other weekend, every Wednesday evening, sharing holidays and two weeks uninterrupted custody during the summer months. The Custody Agreement was not made an Order of Court. 8. Because the parties had continued to be involved with each other between the day of the birth of the minor child until approximately December 1, 2004, the parties did not follow the Custody Agreement, but the Plaintiff was permitted to see the minor child daily. 9. Since the parties are no longer romantically involved, the Defendant has refused contact between the Plaintiff and the minor child, with the exception alternating weekends and Wednesday evening. 10. The Plaintiff, David M. Kirkpatrick, is employed by Countywide Construction and is currently laid off and anticipates continuing to be laid off until March 2005. 11. The Plaintiff, David M. Kirkpatrick, resides in a two bedroom mobile home where his daughter has her own bedroom. The Plaintiff, David M. Kirkpatrick, resides alone. 12. The Defendant, Julia L. Boyanowski, resides in a three bedroom double wide mobile home along with the minor child to this action and two teenage sons to a prior marriage. The Defendant, Julia L. Boyanowski, with the exception of her children, resides alone. 13. The Plaintiff, David M. Kirkpatrick, is able to be with his daughter every day instead of a babysitter or daycare provider; however, the Defendant has denied the same. 14. The Plaintiff, David M. Kirkpatrick, believes that it is in the best interest of his daughter that he be granted primary physical custody with the Defendant, Julia L. Boyanowski, being granted partial custody of the minor child. 15. The parties currently share legal custody. 16. There has been no prior action for custody or visitation of the minor child in this or any other jurisdiction. 17. The Court of Common Pleas of Cumberland County has jurisdiction in this matter as the Defendant and the minor child reside in Cumberland County, Pennsylvania. 18. The minor child, Randi Lynn Boyanowski, has resided at 118 Peach Lane, Carlisle, Cumberland County, Pennsylvania, primarily since her birth. 19. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 20. The Plaintiff has no information of the custody proceedings concerning the child pending in a Court of this Commonwealth or any other state. 21. The Plaintiff 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 child. WHEREFORE, the Plaintiff, David M. Kirkpatrick, respectfully prays your Honorable Court to grant him primary physical custody of his daughter, Randi Lynn Boyanowski, and to order that the parties continue shared legal custody with partial custody in the Defendant, Julia L. Boyanowski. Respectfully submitted, BY: iiane'M?. D' s, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this /Complaint for Primary Physical Custody 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. DAVID M. KIRKP TRICK Date: December 9, 2004 O d w CA =?`f f. ?] 1J DAVID M. KIRKPATRICK, Plaintiff IN THE COURT OF COMM CUMBERLAND COUNTY. F NO. 04-6239 CIVIL V. JULIA L. BOYANOWSKI, Defendant CIVIL ACTION - IN CUSTODY MAR 2 Y 2005 ti PLEAS OF JSYLVANIA TEMPORARY ORDER OF COURT AND NOW, this 2 y day of March, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as foll ws: 1. Legal Custody. The parties, David M. Kirkpatrick and Julia L. Boyanowski, shall have shared legal custody of the minor child, Randy Lynn Boya owski, born September 6, 2001. 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 al records and information pertaining to the child including, but not limited to, medical, denta , religious or school records, the residence address of the child and of the other parent. o the extent one parent has possession of any such records or information, that parent sha I 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. 2. Physical Custody. The parties shall share parenting time of heir child in accordance with the following schedule: A. Father shall have custody on March 12, 2005 at 9:00 a.r>. until Monday, March 14, 2005 when he takes the child to daycare. B. Father shall have custody, effective March 25, 201, on alternating weekends, from Friday at 4:30 p.m. until Monday when the hild is returned to daycare. C. Father shall have custody, commencing March 16, 205, on alternating Wednesdays from 4:00 p.m. until the following morning wh n the child is returned to daycare. D. Father shall have custody, commencing March 21, 205, on alternating Mondays from 4:30 p.m. until the following morning when th child is returned to daycare. NO. 04-6239 CIVIL TERM E. Father shall have custody, commencing March 23, 2 05, on alternating Wednesdays from 4:30 p.m. to 8:00 p.m. F. At all times Father does not have custody, Mother shall have custody. 3. Holidays. A. Christmas. Father shall have custody each year from 9: 0 a.m. to 6:00 p.m. on Christmas Eve and Mother shall have custody for Ch istmas m. each year from Christmas Eve at 6:00 p.m. until Christmas Day, at 6:00 icliday. B. Alternating Holidays. In odd-numbered years, Father sh have custody for Easter and Independence Day and Mother shall have cusdy for Memorial Day and Labor Day. In even-numbered years, Mother shhave custody for Easter and Independence Day and Father shall have cusdy for Memorial Day and Labor Day. The custodial period for these holidays all be from 6:00 p.m. the day before the holiday until 6:00 p.m. the day of the C. Thanksgiving. Father shall have custody for Thanksgivin each year. In the event that Thanksgiving immediately proceeds the Frida which commences Father's custodial weekend, Father shall have custody of th child from 6:00 p.m. the day before Thanksgiving and throughout his cu todial weekend until the child is returned to school on the Monday fo lowing Thanksgiving. D. Mother's Day / Father's Day. Mother shall have cust dy for Mother's Day and Father shall have custody for Father's Day.' The cu todial period for these holidays shall be from 6:00 p.m. the day before the oliday until 6:00 p.m. the day of the holiday. E. Parents' Birthdays. The child shall be in the custody ?Of the parent on that parent's birthday. 4. Summer Vacation. Each parent shall be entitled to two (2) no consecutive weeks of vacation each year to include the vacationing parent's custodial w __end. The parties shall provide each other with at least a thirty-day notice of their plan tied vacation time. In the event that the parties have arranged conflicting schedules for acation, the party first providing written notice to the other party shall have choice of the va ation week. r NO. 04-6239 CIVIL TERM Additionally, the vacationing parent shall provide a telephone number and I they can be reached during the vacation. Father shall use every effort t( vacation on weeks when the child's half-brothers are not in Mother's custody the goal of avoiding the circumstance where the child is separated from I• three (3) consecutive weeks shall be avoided. In the unusual circumstan cannot schedule vacation from work during one of those weeks when the c are away, not more than one vacation week shall be scheduled when 'Mother the child's half-brothers. )cation where schedule his In that way, ;r siblings for e that Father iild's brothers as custody of 5. For a period of twelve hours before and continuing throughout ny period of supervised visitation or partial custody with the minor child, the parties shall conrtisum no alcoholic beverages nor possess or use controlled substances whatsoever. Th paese shall likewise ensure, to the extent possible, that the other household members nd/or house guests comply with this prohibition. 6. Transportation. Father shall provide transportation 'incident to custodial exchanges which occur on the weekend or involve overnight periods of cu tody. In the event that Father has a 4:30 p.m. to 8:00 p.m. period of custody,, Father shall provide transportation at the beginning of the period of custody and Mother hall provide transportation when the child is to be returned to her at 8:00 p.m. However, i the event of inclement weather, for safety reasons, Father shall assist with transportation sing his four- wheel drive vehicle. 7. The child shall wear the appropriate safety helmet during bicycling and riding on the four-wheeler. 8. The parties shall ensure that all guns, rifles or ammunition which they possess shall be locked and secured safely away from the child at all times during th it periods of custody. 9. The parties are to provide each other with a first right of refusal in the event that they cannot participate in a weekend period of custody or custodial perio for four (4) hours or more. If the other parent is not available to provide parenting wh n contacted regarding the first right of refusal, the parent who will not be exercising their c stodial rights under the terms of this Order shall be responsible to arrange for alternate child are. 10. This Interim Order shall remain in place pending hearing or furth$r agreement of the parties. NO. 04-6239 CIVIL TERM 11. A hearing is scheduled in Courtroom Number _L_ of the Cumb Courthouse, on the 1j PL day of , 2005, at ,4?-.M., at which time testimony will be aken. For the purposes of the hearrr David M. Kirkpatrick, shall be deemed to be the moving party and shall proce, testimony. Counsel for the parties or the parties pro se shall file with 1 opposing counsellparty a memorandum setting forth each party's position on of witnesses who are expected to testify at the hearing, and a summary of i testimony of each witness. These memoranda shall be filed at leasi ten da hearing date. BY THE COURT: Dist: iane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 L Aanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 1,7055 pel O"J 0 and County _ o'clock the Father, initially with Court and stody, a list anticipated prior to the J. ?, F, : M 1 7- C 1 iJ J 7 DAVID M. KIRKPATRICK, IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, P NNSYLVANIA Plaintiff V. JULIA L. BOYANOWSKI, Defendant NO. 04-6239 CIVIL CIVIL ACTION - IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the litigation is as follows: NAME DATE OF BIRTH Randy Lynn Boyanowski September 6, 2001 Mother 2. A Custody Conciliation Conference was held on March 11, Father's December 13, 2004 filing of a Complaint for Primary Physical' Custoc the conference were: the Father, David M. Kirkpatrick, and his counsel, Esquire; the Mother, Julia L. Boyanowski, and her counsel, Jeanne B. Esquire. 3. Father's position on custody is as follows: Father filed a Complai Custody in which he alleged he had daily contact with the child until the partie. ended. After that time, he alleges Mother limited his contact to Wednesday alternating weekends as described in their agreement. He now seeks to have parenting time with the child by having a week-on/week-off custodial sche recently had a change in his place of employment, and, effective March 14, 2( in his work hours from second shift to 7:30 a.m. to 4:00 p.m., daylight shift. I he resides just a few minutes from the daycare provider which the parties hay during their work hours. 4. Mother's position on custody is as follows: Mother reports that sh a.m. to 5:00 p.m, and resides in Carlisle. Mother acknowledges that Fath spending time with the child on alternate weekends and Wednesday evenings. unstable job history over the term of their relationship which concerns her a Father will remain on a daylight work schedule. Mother places a great deal of child's stability and on having a primary residence. She does not see what thi DURE of this 5 following Present for ie M. Dils, )stopoulos, for Primary relationship enings and least equal ile. Father 5, a change ther reports been using works 6:30 has been he cites an to whether alue on the child would NO. 04-6239 CIVIL TERM gain from having additional overnight periods of custody with Father. She is to an alternating weekend schedule supplemented by two (2) evenings of p week from 4:00 p.m, to 8:00 p.m., alternating holidays and vacation ti preference that Father's schedule of custody be worked around those times does not have custody of her two (2) sons. Her sons are teenagers and res a week-on/week-off basis in a shared custodial plan with their Father. 5. The issues upon which the parties agreed are reflected in attached with the exception of the weekday periods of custody that the c Father. Those portions of the physical custody Order which appear in'Paragra and 2.E. are the recommendation of the Custody Conciliator. This Order is n as an Interim Order pending hearing. q /Ail Date Melissa Peel Grieevy, E: Custody Conciliator ng to agree I custody a It is her ;n she also with her on e Order as ild has with is 2.C., 2.D. ant to serve :246618 DAVID M. KIRKPATRICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04-6239 Civil Term JULIA L. BOYANOWSKI, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of June 2005, this Court having scheduled a Hearing for June 16, 2005, in connection with the above-captioned custody matter, and this Court having been advised by counsel for the parties that the Temporary Order of Court dated March 24, 2005, as entered by the Conciliator is acceptable, it is hereby ORDERED that said Temporary Order of Court dated March 24, 2005, is hereby made a Final Order of Court and the Hearing scheduled for June 16, 2005, is hereby cancelled. BY THE COURT: Distribution: Alane M. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 vftanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 W -4 i?tv? 0 1\iir'.1A 1 1 •01 Wv ? 1 F'Plr SQOZ ;ui oily ;l( ud 3Hi dO J, LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, David M. Kirkpatrick DAVID M. KIRKPATRICK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAT vS` : NO. 2004-6239 CIVIL ACTION LAW s JULIA L. BOYANOWSKI Defendant IN CUSTODY COMPLAINT TO MODIFY CUSTODY AND NOW this day of May, 2008, comes the above named Plaintiff, David M. Kirkpatrick, by his Attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is David M. Kirkpatrick, an adult individual currently residing at 314 Pisgah Road, Shermans Dale, Perry County, Pennsylvania 17090. a 1 2. The Defendant, Julia L. Boyanowski is an adult individual curren residing at 118 Peach Lane, Carlisle, Cumberland County, Pennsylvaj 17013. 3. The Plaintiff and Defendant were never married; however, they are natural parents of one child; namely, Randi Lynn Boyanowski, September 6, 2001 in Harrisburg, Pennsylvania. 4. Attached hereto and marked Exhibit "A: is a copy of an Order of Cour entered as a result of a prior Conciliation Conference and agreemen dated March 24, 2005 with said Order becoming a Final Order on Jul' 11, 2005. See Exhibit "A" attached hereto and made a part hereof b` reference. 5. Since the Order was entered June 11, 2005, Plaintiff and Defendant continued to be romantically involved and the Plaintiff, David M. Kirkpatrick, was able to see his daughter on a regular basis, almost daily, as the' parties were together on a regular basis. 6. The parties did not take up residency. 7. As of December 2007, the parties were no longer dating and the Defendant is permitting the Plaintiff only periods of contact with his a daughter as court ordered. 2 8. The Plaintiff, David M. Kirkpartick, desires additional periods of conta t with his daughter, at least two (2) overnights every week during the wee and substantial time during the summer vacation. 9. The Plaintiff attempted to request the same of the Defendant; how( the parties are unable to reach an agreement and the Defendant denied Plaintiff any additional contact. WHEREFORE, the Plaintiff, David M. Kirkpatrick, respectfully prays you Honorable Court to modify the current Custody Order to permit him to hav additional contact with his daughter. Respectfully submitted, B Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: s)/ v/o V i 3 EXHIBIT "A" 1IDU 41,0 . IT DATE DAVID M. KIRKPATRICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04-6239 Civil Term JULIA L. BOYANOWSKI, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this I 1+f day of June 2005, this Court having scheduled a Hearing for June 16, 2005, in connection with the above-captioned custody matter, and this Court having been advised by counsel for the parties that the Temporary Order of Court dated March 24, 2005, as entered by the Conciliator is acceptable, it is hereby ORDERED that said Temporary Order of Court dated March 24, 2005, is hereby made a Final Order of Court and the Hearing scheduled for June 16, 2005, is hereby cancelled. BY THE COURT: N #I/ nL'J?' The-if ono. J. rsley Oler, Jr., Judge Distribution: Diane M. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 TRUE COPY. FROM RECORD In Testimony whercof, here unto set my h and seal f sain.. Carlisle, Pa. Thi l......... dp U , k, d Prot onotary /// 1' v D Y DAT&o/ j // DAVID M. KIRKPATRICK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.04-6239 CIVIL TERM V. CIVIL ACTION - LAW JULIA L. BOYANOWSKI, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this &fll- day of March, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, David M. Kirkpatrick and Julia L. Boyanowsl shall have shared legal custody of the minor child, Randy Lynn Boyanowski, boi September 6, 2001. Each parent shall have an equal right, to be exercised jointly with tf• other parent, to make all major non-emergency decisions affecting the child's general we being including, but not limited to, all decisions regarding her health, education and religio Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records ar information pertaining to the child including, but not limited to, medical, dental, religious school records, the residence address of the child and of the other parent. To the exte one parent has possession of any such records or information, that parent shall be requir( to share the same, or copies thereof, with the other parent within such reasonable time as make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall share parenting time of their child it accordance with the following schedule: A. Father shall have custody on March 12, 2005 at 9:00 a.m. until Monday, March 14, 2005 when he takes the child to daycare. B. Father shall have custody, effective March 25, 2005, on alternating weekends, from Friday at 4:30 p.m. until Monday when the child is returned to daycare. C. Father shall have custody, commencing March 16, 2005, on alternating Wednesdays from 4:00 p.m. until the following morning when the child is returned to daycare. D. Father shall have custody, commencing March 21, 2005, on alternating Mondays from 4:30 p.m. until the following morning when the child is returned to daycare. N0.04-6239 CIVIL TERM E. Father shall have custody, commencing March 23, 2005, on alternating Wednesdays from 4:30 p.m. to 8:00 p.m. F. At all times Father does not have custody, Mother shall have custody. 3. Holidays A. Christmas. Father shall have custody each year from 9:00 a.m. to 6:00 p.m. on Christmas Eve and Mother shall have custody for Christmas each year from Christmas Eve at 6:00 p.m. until Christmas Day at 6:00 p.m. B. Alternating Holidays. In odd-numbered years, Father shall have custody for Easter and Independence Day and Mother shall have custody for Memorial Day and Labor Day. In even-numbered years, Mother shall have custody for Easter and Independence Day and Father shall have custody for Memorial Day and Labor Day. The custodial period for these holidays shall be from 6:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday. C. Thanksgiving. Father shall have custody for Thanksgiving each year. In the event that Thanksgiving immediately proceeds the Friday which commences Father's custodial weekend, Father shall have custody of the child from 6:00 p.m. the day before Thanksgiving and throughout his custodial weekend until the child is returned to school on the Monday following Thanksgiving. D. Mother's Day I Father's Day. Mother shall have custody for Mother's Day and Father shall have custody for Father's Day. The custodial period for these holidays shall be from 6:00 p.m. the day before the holiday until 6:00 p.m. the day of the holiday. E. Parents' Birthdays. The child shall be in the custody of the parent on that parent's birthday. 4. Summer Vacation. Each parent shall be entitled to two (2) non-consecutiv weeks of vacation each year to include the vacationing parent's custodial weekend. Th parties shall provide each other with at least a thirty-day notice of their planned vacatio time. In the event that the parties have arranged conflicting schedules for vacation, th party first providing written notice to the other party shall have choice of the vacation weel NO. 04-6239 CIVIL TERM Additionally, the vacationing parent shall provide a telephone number and location wh re they can be reached during the vacation, Father shall use every effort to schedule is vacation on weeks when the child's half-brothers are not in Mother's custody. In that w y, the goal of avoiding the circumstance where the child is separated from her siblings or three (3) consecutive weeks shall be avoided. In the unusual circumstance that Fat er cannot schedule vacation from work during one of those weeks when the child's broth rs are away, not more than one vacation week shall be scheduled when Mother has custody of the child's half-brothers. 5. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, the parties shall consume o alcoholic beverages nor possess or use controlled substances whatsoever. The parties sh II likewise ensure, to the extent possible, that the other household members and/or hou e guests comply with this prohibition. 6. Transportation. Father shall provide transportation incident to custod al exchanges which occur on the weekend or involve overnight periods of custody. In t e event that Father has a 4:30 p.m. to 8:00 p.m. period of custody, Father shall provi e transportation at the beginning of the period of custody and Mother shall provi e transportation when the child is to be returned to her at 8:00 p.m. However, in the event f inclement weather, for safety reasons, Father shall assist with transportation using his fo r- wheel drive vehicle. 7. The child shall wear the appropriate safety helmet during bicycling and ridi on the four-wheeler. 8. The parties shall ensure that all guns, rifles or ammunition which they POSSE shall be locked and secured safely away from the child at all times during their periods custody. 9. The parties are to provide each other with a first right of refusal in the eve that they cannot participate in a weekend period of custody or custodial period for four ( hours or more. If the other parent is not available to provide parenting when contact( regarding the first right of refusal, the parent who will not be exercising their custodial righ under the terms of this Order shall be responsible to arrange for alternate child care. 10. This Interim Order shall remain in place pending hearing or further agreemei of the parties. NO. 04-6239 CIVIL TERM 11. A hearing i cheduled in C T urt room Number of the Cum erland Cour y ry) 2005, at o'clo k _j J Courthouse, on the day of _A_.M., at which time testimony will be taken. For the purposes of the hearing, the Fath r, David M. Kirkpatrick, shall be deemed to be the moving party and shall proceed initially wi h testimony. Counsel for the parties or the parties pro se shall file with the Court a d opposing counsel/party a memorandum setting forth each party's position on custody, a li t of witnesses who are expected to testify at the hearing, and a summary of the anticipat d testimony of each witness. These memoranda shall be filed at least ten days prior to t e hearing date. BY THE CO J. Dist: Diane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 T^""' - - , ..__ In Testimony vv,;,, ; i an "e seal of sai Co tat Carii,; Pa. 0 ....M&? :? VERIFICATION I verify that the statements made in this COMPLAINT TO MODIFY CUS are true and correct. I understand that false statements herein made subject to the penalties of 18 PA. C.S. Section 4904 relating t unsworn falsification to authorities. s y DAVID M. KIRKPATRICK Date: May 9, 2008 ? Q K t:.:r j. , rr N Y_ r' ? J{ ,OPP-, DAVID M. KIRKPATRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-6239 CIVIL ACTION LAW JULIA A. BOYANOWSKI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, May 23, 2008 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 19, 2008 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ Hubert X. Gilroy, Es . 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 ? ill. 30£? S' JUL 2 9 Z00 DAVID M. KIRKPATRICK, Plaintiff VS. JULIA A. BOYANOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-6239 IN CUSTODY COURT ORDER AND NOW, this o day of Z" C ?'? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the M day of , 2008, at D a--. m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of March 24, 2005, shall remain in place. BY THE COURT, J. sley Oler, Jr., J e cc: Mane Dils, Esquire loichael Palermo, Esquire r CIO i c ? rs DAVID M. KIRKPATRICK, Plaintiff vs. JULIA A. BOYANOWSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-6239 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Randi Lynn Boyanowski, born September 6, 2001 2. A Conciliation Conference was held on July 24, 2008, with the following individuals in attendance: The mother, Julia A. Boyanowski who appeared with her counsel, Michael 0. Palmero, Jr., Esquire, and the father, David M. Kirkpatrick, with his counsel, Diane M. Dils, Esquire. 3. Father is seeking a revised Custody Order that would give him 50-50 physical custody. Mother is unwilling to agree and wants to keep the existing Order from 2005 in place. A hearing is required and the Conciliator recommends an Order in the form as attached. Date: July 2008 ubert X ilroy, Esquire Custo Conciliator DAVID M. KIRKPATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JULIA A. BOYANOWSKI, Defendant NO. 04-6239 CIVIL TERM ORDER OF COURT AND NOW, this 5 h day of December, 2008, upon consideration of Plaintiff's Complaint To Modify Custody with respect to the parties' child, Randi Lynn Boyanowski (d.o.b. September 6, 2001), and following a hearing held on December 4, 2008, the request for modification is denied. DEFENDANT SHALL immediately provide Plaintiff with the name and address of the child's dentist. -Diane M. Dils, Esq. First Floor, Front 1400 N. Second Street Harrisburg, PA 17102 Attorney for Plaintiff -/Michael O. Palermo, Jr., Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc Cope ?-s /".?l c LL BY THE COURT, -' u Wesley Oler r., J. 8 E • 1 ! WV S- 330 MOZ MtfIUsti .;;-+,Odd 3Hi ?O ^'--l D 3 113 DAVID M. KIRKPATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JULIA A. BOYANOWSKI, Defendant 04-6239 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of December, 2008, upon consideration of Plaintiff's complaint to modify custody with respect to the parties' child, Randi Lynn Boyanowski (date of birth September 6, 2001) and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. By the Court, Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 For the Plaintiff Michael Palermo, Esquire 155 South Hanover Street Carlisle, PA 17013 For the Defendant i.?• f?-o8 pcb t 1 :8 WV 01 330 08OZ 31,U -JO 301,2:0-031U