Loading...
HomeMy WebLinkAbout94-01921 " WENDY S. STILL, plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I CI'V; / Turn I NO qL/- !CJJ./ 1994 I I CIVIL ACTION-CUSTODY I V. FABIAN KIRKENDOLL, Defendant ORDER OF COURT AND NOW, this ~~L\ day of April, 1994, upon consideration of the attached complaint, it hereby directed that the~~ties and their respective counsel appeal before <;"",,,,\.\f I L. ''Il!f-$ ~54 .' the conciliator, at [L;?';)- 1'\ I;)'l~ .5d, Lf'T",Offl(' on the o<9\..CI~day of (V1p..'G ' 1994, at If'. m. for a prehear~ng C stody 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. Either party may bring the child who is the subject of this custody action to the conference, but the child attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717) 240-6200 ! .\ APR 22 1118 AH '9~ ! , I .,.rl!;! II( ~. ,', C!'i~TAh" 'Ct~j ';i,!', ~"l r:1''l'HY r- , ',;. ~. . '. i.,' to i L , i r ~, . , . WENDY S. STILL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1994 FABIAN KIRKENDOLL Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Wendy S. Still, residing at 118 Regency Woods, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Fabian Kirkendoll whose present address unknown. 3. Plaintiff seeks custody of the following child: Name Present Residence Aae 18 months Samantha R. Kirkendoll 118 Regency Woods Carlisle PA 17013 The child was born out of wedlock. The child is presently in the custody of Plaintiff, Wendy Still, who resides at 118 Regency Woods, Carlisle, Cumberland County, Pennsylvania. Since the birth of the child, she has resided with the following persons and at the following addresses: Name Address Date Wendy S. Still and 118 Regency Woods Fabian Kirkendoll Carlisle PA 17013 Wendy S. Still 118 Regency Woods Carlisle PA 17013 10/17/92 to 4/9/94 4/9/94 to Present The mother of the child is Wendy Still, currently residing at 118 Regency Woods, Carlisle, Pennsylvania. She is not married. The father of the child is Fabian Kirkendoll, current residence unknown. He is not married. , ,. . 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Samantha R. Kirkendoll daughter 5. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Name Relationship Current residence unknown 6. plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. plaintiff has no information of a custody proceeding concerning the child 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 child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting primary custody to the Plaintiff, with Defendant having reasonable visitation rights. Plaintiff has always been, and is better suited to be, the primary caretaker and nurturing parent of the child, and has always provided for the child's emotional, intellectual and physical needs. Defendant left the domicile of the parties on April 9, 1994 and has not disclosed his present whereabouts. He has not attempted any contact with the Plaintiff or the minor child since leaving the domicile. . .. .. stiJI.com/mmzAprilI4. 1994 8. 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, Plaintiff requests the Court to grant primary physical custody of the child to Plaintiff. Respectfully submitted, HETRICK, ZALESKI, ERNICO & PIERCE, P.C. 10 S. Market Sq., Suite 500 Harrisburg, PA J7l08-l265 (717) 236-9581 Attorney for Plaintiff 3 "":1" - ,,;._ . '.,'_'c_. t . . .......~~."...... I '~ll"" ~~~"l70Y'.~- ~.~./,.,- ., - ""--~t . ~ ' . . .. still.com/mmzApriI14. 1994 VERIFICATION Date: J/ l" /14 , , . 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.A. Section 4904 re1at- ing to unsworn falsification to authorities. //")JVN )L( _ WENDY STILItJ -'r 5 SHERIPP'S RE'ItlRN CCM-lONWEAL'nf OF PENNSYLVANIA: COUNl'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County. Pennsylvania No. 94-1921 Civil Action Custody Order of Court Complaint for Custody Wendy S. Still VS Fabian Kirkendoll Leroy Hippensteel , ~K~r Deputy Sheriff of CUnberland County, Pennsylvania. who being duly sworn according to law, says, that he served the within Civil Action Custody Order of Court Complaint for Custody upon Faian Kirkendoll . the defendant. at 7:40 o'clock p.M. lfl6Jl' I EDST. on the 18 day of May . 19 94at 245 Salem Church Rd., Mechanicsburg , CUnberland County, Pennsylvania, by handing to Fabian Kirkendoll a true and attested copy of the Civil Action Custody Order of Court Comp~aint For Custody and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 5.60 So answers: ~~.c&<~ R. Thomas Kline. Sheriff 2.00 21.60 Pd. by Atty. 5-20-94 by . ~~ ./ J/~,,,_h/7r" puty S riff Sworn and subscribed to before roo this .1.~ 19 day of 7Jtfl.y fit{ A.D. ) - c.. i']r..<- a hw.CJ....- ~~ / ' Prothonotary . '-- , JUN 0 2 19~ ciA- .~ WENDY S. STILL, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-1921 CIVIL TERM FABIAN KIRKENDOLL, ) Defendant ) CUSTODY ORDER AND NOW. this2...,d day of .\~., c... . 1994, upon receipt of the conciliator's report, it appearing that the Defendant. having been properly served with notice of the conciliation conference and being aware of the time. date, and place of the conference, did not appear in person or by counsel, and it appearing that the child has been the mother since the parties' separation, we hereby enter the fOllowing order: I 1. Primary legal and physical custody of the minor child, Samantha Renee I Kirkendoll. born October 17. 1992. is hereby awarded to her mother, the Plaintiff, I Wendy S. Still. I I ! 2. The father of the child. the Defendant, Fabian Kirkendoll, shall have such I periods of temporary custody or visitation as the parties may agree. In the event that , I the parties cannot agree, we will set a schedule upon the request of either party. II 3. If the Defendant is dissatisfied with this order for any reason, he may. by Ii petition to the court. have this matter reviewed by the conciliator and, if necessary, I, i by the court. I ,I , , I i , . , ..... 16 I'" H' I' 1 I: ",I ." w:~ '. , 1 ._~. ' 4. The Plaintiff's counsel is directed to make service of a copy of this order upon the Defendant. By the Court. \ ~I!l J. John R. Kachur, Esquire Attorney for Plaintiff Fabian Kirkendoll, pro se I , ! II ala I; " Ii I' ,I , 2 @) 11l ~ g < t !:: III ~~"' < dS ~ Z z ~ ~ ~ ~ :J: III t! ~ >- g e ~ ~ ~ > ~ ~ 0; ~ . ~ 0 lol' 11l < ~ z fIl " >- A " 0 . " ): ~ ~ .., . I . '. . ,~ _ . .. A . . . ," . )1:1'1 (i 'oj ~ ,), . , J:t I. '.' . ... ~ . . . . . ., WBNDY S. STILL, l IN THB COURT OF COMMON Plaintiff l PLBAS OF CUMBBRLAND l COUNTY, PBNNSYLVANIA vs. l l NO. 94-1921 CIVIL TBRM FABIAN KIRKBNDOLL, l Defendant l CUSTODY JUDGB PRBVIOUSLY ASSIGNBD: None CONCILIATOR CONFERENCB SIIKHAIlY REPORT IN ACCORDANCB WITH CUMBBRLAND COUNTY RULB OF CIVIL PROCBDURB 19l5.3-8(bl. 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: NAMB BIRTHDATE CURRBNTLY IN CUSTODY OF Samantha Renee Kirkendoll 17 October 1992 Plaintiff/Mother 2. A Conciliation Conference was held on 24 May 1994 and the following individuals were present: the Plaintiff and her attorney. John R. Kachur, Bsquire. The Defendant did not appear. 3. The Plaintiff and her attorney provided proof that the father had been served I by the Sheriff approximately a week before. In addition. Mr. Kachur represented that I the father had expressed knowledge of the upcoming conference at a meeting between the parties at the Domestic Relations Office five days prior to the conference. 4. The parties have been separated, off and on, for the last six weeks. During that entire time the child has been in the mother's custody. She seeks an order simply to confirm the status quo. The attache order was dictated in her presence and approved ~4*.i,*J;J;j~~;:i~,'G:; ~;'av;_?";o:~~',::.;_,,_ '''.'. , by her and her counsel. Under the circumstances, the entry of that order will secure custody to the mother, who has had it since separation, and will avoid disputes about custody. I June 1994 ~.~ Samuel . Andes Custody Conciliator II iI II " , . WENDY S. STILL. ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-1921 CIVIL TERM FABIAN KIRKENDOLL, ) Defendant ) CUSTODY , i ORDER AND NOW, this day of , 1994, upon receipt of the conciliator's report, it appearing that the Defendant. having been properly served with notice of the conciliation conference and being aware of the time. date, and place of the conference. did not appear in person or by counsel, and it appearing that the child has been the mother since the parties' separation. we hereby enter the following order: 1. Primary legal and physical custody of the minor child, Samantha Renee I K~rkendoll, born October 17, 1992, is hereby awarded to her mother, the Plaintiff. Wendy S. Still. 2. The father of the child. the Defend~nt. Fabian Kirkendoll. shall have such periods of temporary custody or visitation as the parties may agree. In the event that the parties cannot agree. we will set a schedule upon the request of either party. 3. If the Defendant is dissatisfied with this order for any reason. he may, by petition to the court, have this matter reviewed by the conciliator and, if necessary, by the court. 1 r::.......".""-:'.':v. ,;,,~':'. ~ .' . " , !i 4. The Plaintiff's counsel is directed to make service of a copy of this order ,i upon the Defendant. By the Court. I; j. I J. :' i: John R. Kachur, Esquire i' Attorney for Plaintiff Fabian Kirkendoll, pro se II , sla ?