HomeMy WebLinkAbout95-05265
ERIC A. GARONZIK.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
v.
NO. 95-5265 CIVIL TERM
KRISTINE LYNN KELLY,
Defendant
CIVIL ACTION.LAW
CUSTODY /VISIT A TION
. ~ ORDER OF COURT
AND NOW, this ~ day April, 1996, upon consideration of the within
Emergency Custody Petition, a hearing is set on the peti~ion, for \'..J Cf !Hd'j'"
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Cumberland County Courthouse, arhsle, Pennsylvama.
The Plaintiff, Eric Garonzik shall not be permitted to have contact with Logan Kelly
Garonzik, born September 26, 1993 pending further Order of Court.
BY THE COURT,
J.
ERIC A. GARONZIK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-5265 CIVIL TERM
KRISTINE LYNN KELLY,
Defendant
CIVIL ACTION-LAW
CUSTODYNISIT A TION
EMERGENCY CUSTODY PETITION
AND NOW, comes the Defendant, Kristine Lynn Kelly, by and through her attorneys,
O'Brien, Baric and Scherer, and respectfully represents as follows:
I. The Plaintiff is Eric A. Garonzik, (hereinafter referred to as "Father") an adult
individual whose present address is 2447 Berry Hill Street, Harrisburg, Pennsylvania.
2. The Defendant, Kristine Lynn Kelly, (hereinafter referred to as "Mother"), is an
adult individual whose present address is 3 Frenco Drive, Newville, Cumberland County,
Pennsylvania.
3. The subject of this Petition is Logan Kelly Garonzik, (hereinafter referred to as
"Child") born September 26, 1993. The father and mother are the natural parents of the child.
4. By Order of Court dated December 13, 1995, this Honorable Court determined
that the Mother shall have primary physical custody of the child and the Father shall have periods
of partial physical custody as set forth in the December 13. 1995 Order which is attached hereto
as Exhibit. A. .
5. On April 10, 1996, the mother observed some unusual behavior in the child while
bathing the child.
6. After questioning the child, the mother learned from the child that the father had
sexually abused the child during the father's periods of partial physical custody.
7. The mother took the child to the child's pediatrician on April II, 1996, and the
pediatrician, Dr. Debra Raubenstine, examined and interviewed the child.
8. Following Dr. Raubenstine's examination and interview with the child, Dr.
Raubenstine concluded that the reports of the child and the reports of the mother were consistent
with the father having sexually abused the child.
9. Dauphin County Children and Youth Services and the Swatara Township Police
Department are presently conducting an investigation into this malter.
WHEREFORE, the mother respectfully requests that this Honorable Court convene a
hearing relative to this Emergency Petition and deny father contact with the child until a
determination is made following such hearing.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: JI-I1.- 'Ib
~U.>d..-
Michael A. Scherer
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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ERIC A. GP.f10NZIt~.
PIc.intiU
Vt.
I~RISTII~E LYI~N KELLY.
Defendant
pr,DrR
J~'\D NOW. this p)l. day of
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II~ THE: COURT or COr,'.I!.OI~ PLEAS
OF CUI,'.~EP.LI.f\D COUr~TY,
FEI~I~SYLVJ..r~IA
CIVIL J.CTIOI~ . LAW
NO. 95-5265 CIVIL TERM
CUSTODY NlSIT A TION
J." .
, , 995. upon receipt of
the Conciliator's Report. it appearing that the parties have agreed to the terms and
provisions of this Orde, which wac dictated in their presence and approved by them
and their counsel. it is hereby ordered and directed 8S follows:
,. The parties shall share legal custody of Logan Kelly
Grronzik. d.o.b. 2G St ;:.tember 1993.
L. Mother st.L~1 ht\'t r~imt.\, phy!i~Ll cu!tod\' of thc minor
chile.
3. Ftthcr sh..!1 have poi:>:!! of ptrtirl cu!tod\' snd visitation
with the minor child t~ follow!:
I.. ror the monthr (II De~embu. H'9!:" end Jtnur.:\',
H'9C.. the hther [hr!: t,c\,( hir two t!:ys off from work
b( "jnninr ct 9;00 t.m. f'\:l endint' et [,:00 r.m. f,rginn:n.. in
Fet.rurr\', , rrc., (nd CO:,:.:)~"It' thcrultcr. Fether tht:1 be
f'ntillt :lto IIr ,'( thert rei, Jr o\'crn"ht. Felller will pro\'ide
EXHIBIT "1\"
Mother with his work schedule as soon as it is available to him
which is to be provided thirty (30) days in advance according
to Father's rece.ipt of same..
4. Thc parties shall "hermae the major holidays. the mr:jor
holidays being defined as Thanksgiving, Memorial Day, Easter. Fourth
of July, and Labor 06\'. These periods will bf; from 9:00 a.m. until
6:00 p.m. Father will begin this alternating schedule with Easter of
1996.
,
5. The parties will divide the Christmas holiday. In 1995,
Father will have the child on Christmas Eve from 9:00 a.m. until 6:00
p.m. In 1996 and the years thereafter. Father will have 23 December
from 2:00 p.m. until 24 December at 6:00 p.m.. and Mother will have
24 December from 6:00 p.m. through Chrinmas Day.
6. During the wmmcr month~. r;;thl~ will bc entitled to lour (4\
\','lcks. He shall have onc wce!. in June, onl weck in July, and two
wcd.s in August. ThoH 11';0 wed.! in Aupn may be comecutivc.
Father is to provide Mother with hi~ summer schedule no lalrr than 1
,.~ay. r."other i~ a!! (\ l ntitlcd \C' IlL v( " 1\';0 \';HI. consecutive !ummc r
\'t:Ctttlon with the child. Thir, wmmr: schr:Julc ,...ill Hike prcccdrncc
f\\'U tflY other fche-dulr.
7. Father shall have the child on Father's Day, and Mother shall
have the child on Mother's Day. Thc~e reriod~ of visitation will be
from 9:00 a.m. until 6:00 p.m.
8. Fattier shall enjoy time; with his !'on on the birthday at a time
to be agreed upon by the particE.
9. The parties will provide reasonable telephone access with
the minor child when the child is in their respective custody.
10. Such other times as the parties may agree upon.
BY THE COURT.
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Monica E. fwturin, Esquire
Michael A. Scherer, Esquire
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4. Issues yet to be resolved: see Order attached.
5. The Plaintiff's position on custody is as follows: see Order attached.
6. 1 he Defend,mt't pNition on custody is as follows: see Order attached.
7. Need for separate counsel to represent child: Neither party requested and
the Conciliator does not feel this is necessary.
8. Need for independent psychological evaluation or counseling: Neither
party requested and the Conciliator does not believe any is necessary.
Date: 1 1 December 1995
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Michael L. Bangs
Custody Conciliator
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ERIC A. GARONZIK,
Plaintiff
vs.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
KRISTINE LYNN KELLY,
Defendant
CIVIL ACTION - LAW
NO. 95-5265 CIVIL TERM
CUSTODY NISIT A TION
M ORDER
AND NOW, this (; day of ~ __ . . 1995, upon receipt of
the Conciliator's Report, it appearing that the parties have agreed to the terms and
provisions of this Order which was dictated in their presence and approved by them
and their counsel, it is hereby ordered and directed as follows:
1. The parties shall share legal custody of Logan Kelly
Garonzik, d.o.b. 26 September 1993.
2. Mother shall have primary physical custody of the minor
child.
3. Father shall have periods of partial custody and visitation
with the minor child as follows:
A. For the months of December. 1995. and January,
1996. the Father shall have his two days off from work
beginning at 9:00 a.m. and ending at 5:00 p.m. Beginning in
February. 1996. and continuing thereaher. Father shall be
entitled to have these periods overnight. Father will provide
Mother with his work schedule as soon as it is available to him
which is to be provided thirty (30) days in advance according
to Father's receipt of same.
4. The parties shall alternate the major holidays. the major
holidays being defined as Thanksgiving, Memorial Day, Easter. Fourth
of July, and labor Day. These periods will be from 9:00 a.m. until
6:00 p.m. Father will begin this alternating schedule with Easter of
1996.
,
5. The parties will divide the Christmas holiday. In 1995,
Father will have the child on Christmas Eve from 9:00 a.m. until 6:00
p.m. In 1996 and the years thereafter, Father will have 23 December
from 2:00 p.m. until 24 December at 6:00 p.m., and Mother will have
24 December from 6:00 p.m. through Christmas Day.
6. During the summer months, Father will be entitled to four (4)
weeks. He shall have one week in June. one week in July, and two
weeks in August. Those two weeks in August may be consecutive.
Father is to provide Mother with his summer schedule no later than 1
May. Mother is also entitled to have a two week consecutive summer
vacation with the child. This summer schedule will take precedence
over any other schedule.
7. Father shall have the child on Fether's Dey, and Mother shall
have the child on Mother's Day. These periods of vlsitetion will be
from 9:00 a.m. until 6:00 p.m.
8. Father shall enjoy time with his son on the birthday at a time
to be egreed upon by the pertlal.
9. The parties will provide reasonable telephone access with
the minor child when the child Is In their respective custody.
10. Such other times es the perties may agree upon.
.
Monica E. Baturln. Esquira _ ~"'~'v nH,l!'.\..L p.l,tl '15.,
Mlchaal A. Scherer, Esquire 1:>6 .
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ERIC A. GARONZIK.
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
vs.
KRISTINE LYNN KELLY,
Defendant
CIVIL ACTION - LAW
NO. 95-5265 CIVIL TERM
CUSTODY NISIT A TION
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 191 5.3-8Ibl. 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
BIRTH DATE
CURRENTLY IN
CUSTODY OF
Logan Kelly Garonzik
26 September 1993
2. A Conciliation Conference was held on 30 November 1995, and the
following individuals were present: the Plaintiff and his attorney. Monica E.
Baturin. Esquire; the Defendant appeared with her attorney. Michael A. Scherer.
Esquire.
3. Items resolved by agreement: see Order attached.
1
4. Issues yet to be resolved: see Order attached.
6. The Pleintlff's position on custody is as follows: see Order attached.
6, The Defendent's position on custody is as follows: see Order atteched.
7. Need for separate counsel to represent child: Neither party requested and
the Conciliator does not feel this is necessary.
8. Need for independent psychological evaluation or counseling: Neither
party requested and the Conciliator does not believe any is necessary.
Date: 11 December 1996
y1. i4j
Michael L. Bangs
Custody Conciliator
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ERIC A. GARONZIK,
PlaintH f
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO. '7 ~J - .')) (" j- CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
VI.
KRI~'TlNE LYNN KELLY,
Defendant
ORDER or COURT
AND NOW. thia 11"1.. day of 'Dc I"/m . 1995, upon consideration of the
attached Complaint. it h~reby directe~ lhat the parties and lhelr respectlvp.
counsel appear before 1.<10". .'c~ f-"',_. the concllialor. al
g-. ' ...." 'on the ~' day of f\Io{frnbrr. 1995.
at .m.. for a Pre-Hearing Custody Conference. ~t such conference.
an effort will be made to resolve the issues In dispute; Ct If thiS cannot be
accomplished. to define and narrow the issues lo be he~rd by thp. 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 conlereace may provide
grounds for entry of a temporary or permanent order.
FOR THE COURT.
By: ~11;la{;1 .i gl/~ {~; '.
Cuatody Conciliator I~r
The Court of Conaon Pleas of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about
acceaaible facilitiea and reasonable accommodations available to disabled
individuals having busineas before the Court. please cOlltal"l our olllce. All
aHangements must be made at least 72 houts pllor to any hearlCl~ 01 bUSllless
before the Court. You must attend the scheduled conlerellc".
IOU SHOULD TAltI THIS PAPER TO lOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAlIYER OR CANNOT APFORD OIIE. GO TO OR TELEPHONE THE OFFICE SET PORTH BELOW TO
PIND OUT WHERE YOU CAN GET LEGAL HELP.
OPPICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
One Courthouae Square - 4th FL
Carliale. PA 11013
(111) 240-6200
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ERIC 1. OAROIZIK, ) IN THE CooR'l' or COIIMON PLEAS
Plaintiff . CUKBERWD COON'l'Y, PEIINSYLVAIlIA
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IRIS'l'III LYI. KELLY, : CIVIL AC'l'ION -- LAN
Defendant ) IN CUSTODY/VISITA'l'ION
COMPLAIN'l' rOR CUS'l'ODY/VISI'l'ATION
AND NOW, comes the Plaintiff. ERIC A. GARONZIK, by and through his
attorney. MONICA E. BATURIN. of the law firm of Baturin & Baturin. and respect-
fully sets forth the following Complaint for Custody/Visitation:
1. The Plaintiff is ERIC A. OARONZIK, an adult individual, sui
juris, residing at 1021 S. Progress Avenue, Harrisburg, Dauphin County.
Pennsylvania. 17111.
2. The Defendant is KRISTINE LYNN KELLY, as adult individual.
sui juris. residing at 3 Prenco Drive. Newville, Cumberland County,
Pennsylvania, 17241.
3. The Plaintiff and Defendant were married Harch 3. 1995, and are
currently separated with a divorce action pending in Cameron County, Pennsyl-
vania. to No. 95-1803.
4. The Plaintiff and Defendant are the natural parents of one child,
Logan Kelly Oaronlik (born September 26, 1993), presently two (2) years of age.
Said minor child is the subject of this Custody/Visitation Complaint.
- I .
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5. The said minor child has resided at the following address or
addresses since birth:
~DUSS muI
PERSON/S) RESIDED WITH
7 Shirley Lane Birth (09/93) to 09/94
Boiling Springs, PA
Natural mother and
Natural father and
Maternal grandparents
7 Shirley Lane 09/94 to 03/95
Boiling Springs. PA
Natural mother and
Maternal grandparents
(Father was in the U.S.
Army and residing at
Ft. Campbell. Kentucky)
3 Frenco Drive 03/95 to present
Newville. PA
Natural mother and
her boyfriend
6. The Plaintiff. Eric A. aaronzik. seeks partial physical custody
and shared legal custody of the above named child with visitation set forth
as foll ows:
A. Weekends: Alternating weekends from Friday at 5 p.m. through
Sunday at 8 p.m. with Plaintiff's first weekend to commence in
B. Holidays: Alternating holidays from 9 a.m. through 9 p.m.
The holidays shall be Thanksgiving, New Year's Day, Memorial Day, Easter. the
Fourth of July, and Labor Day.
C. Christmas Vacation: Commencing in 1995 and in all odd
numbered years thereafter, from 12 Noon December 25 through 12 Noon December
26. Coe.encing in 1996 and in all even numbered years thereafter. from 12 Noon
Decelher 24 through 12 Noon December 26. Plaintiff shall ln all odd numbered
- 2 -
years have the child from 12 Noon December 24 through 12 Noon December 25
and in all even numbered years from 12 Noon December 25 through 12 Noon
December 26. In addition, the parties shall equally share custody of the
child for the remainder of the Christmas Vacation.
D. Summer Vacation: Plaintiff shall have child for a one (1)
month summer vacation period (during the months of either June, Jul I or
August). Plaintiff shall provide Defendant with at least thirty (30) days
advance notice of the dates on which he would exercise such temporary custody.
During this four (4) week period. Defendant shall be entitled to have the child
every other weekend, however. Plaintiff shall be entitled to at least one
consecutive two week period. Likewise. Defendant shall be entitled to at least
one consecutive two week period during the summer vacation period.
E. Pather's DaY/Mother's Day: The child shall be with Plain-
tiff on Father's Day and with Defendant on Mother's Day from 9 a.m. through
9 p.m.
F. Additional Time: Any additional time as the parties may
agree upon other than what is set forth above.
G. Transportation: The parties shall equally share the trans-
portation of the child in implementing this custody schedule with Plaintiff
obtaining the child for his partial physical custody periods and with
Defendant obtaining the child at the end of the Plaintiff's partial physical
custody periods. Plaintiff shall be entitled to obtain the child from the
Defendant'. residence.
H. Telephone Contact: Each party will allow the other party
reasonable telephone contact with the child while the chlld IS In hisl
her custody.
- 3 -
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VIRIPICA'l'ION
I VERIFY THAT 'l'HE STATEMENTS MADE IN 'l'HIS COMPLAINT ARE TRUE AND CORRECT '1'0 THE
BES'l' or MY KNOWLEDGE. BELIEF AND INFORMATION. I UNDERSTAND THAT rALSE STATE-
MENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904
RELATING '1'0 UNSWORN FALSIrICATION TO AUTHORITIES.
Date:
October 2. 1995
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ERIC A. GARONZIK,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. 95 - 5265 Civil Term
KRISTINE LYNN KELLY,
Defendant
CIVIL ACTION - LAW
CUSTODY/VISITATION
CERTIFICATE OF SERVICE
I, MONICA E. BATURIN, ESQUIRE, of the law firm of Baturin &
Baturin, attorneys for the Plaintiff in the above-captioned mat-
ter, do hereby certify that on October 13, 1995, I deposited in
the United States Mail, at the United States Post Office. Federal
Square Station. Harrisburg, Pennsylvania, an article of Certified
mail, , Return Receipt Requested. postage prepaid, a certified
copy of the Complaint for Custody/Visitation, bearing Article No.
Z-187-536-072. addressed to: Kristine Lynn Kelly, 3 Frenco Dr.,
Newville, PA, 17241.
The said article of Certified Mail, as shown by the Postal
Return Receipt Card was received by the Defendant herein on
October 14, 1995, and according to same, was signed by her agent,
to wit, whose signature appears on card, which card is attached
hereto and marked as Exhibit "A." along with the deposit slip
dated October 13, 1995, for said article of Certified Mail
aforementioned.
BATURIN & BATURIN
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By: I f'tn /('1"'1 t,-' J:;llrtu::;_V'~
Mo ica E.-Baturin, Esquire
(Attorney 1.0. 73356)
717 North Second Street
Harrisburg, PA 17102
(717) 234-2427
Attorneys for Plaintiff
Dated: October 16, 1995
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ERIC A. GARONZIK,
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-5265 CIVIL TERM
CIVIL ACTION - LAW
VS
CHRISTINE LYNN KELLY,
Defendant
IN RE: PETITImLEOlLillUALRELill
ORDER OF COURT
AND NOW, May 1, 1996, 4:20 p,m., after hearing and
consideration of the testimony presented, we find that the
mother has not mode out her allegations in this emergency
custody petition and therefore she has not carried the burden of
proof sufficient for us to continue our Order of April 15, 1996.
That Order is now dismissed and we remind the parties that they
ore bound by the terms of their Custody Order of December 13,
1995.
By the Court,
Scott D. Moore, Esquire
26 West High Street
Carlisle, Po. 17013
For the Plaintiff
Michael A. Scherer, Esquire
17 West South Street
Carlisle, Po. 17013
For the Defendant
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ERIC A. GARONZIK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 95-5265 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v.
KRISTINE K. SHULENBERGER
(formerly Kristine Lynn Kelly),
Defendant
EMERGENCY CUSTODY PETITION
AND NOW. comes Kristine K. Shulenberger. formerly Kristine Lynn Kelly, by and
through her attorney. Michael A. Scherer. Esquire, and respectfully represents as
follows:
1. The Petitioner is Kristine K. Shulenberger, formerly Kristine Lynn Kelly,
the defendant in the above-captioned matter. who is an adult individual who presently
resides at 3 Frenco Drive. Newville, Cumberland County, Pennsylvania.
2. The Respondent is Eric A. Garonzik, the plaintiff in the above-captioned
matter, who is an adult individual whose last known address was 110 West Vine Street,
ApI. C, Shiremanstown. Cumberland County, Pennsylvania.
3. Mr. Garonzik has been represented in the past by Scott D. Moore,
Esquire, in connection with this matter. Undersigned counsel attempted to contact Mr.
Moore on June 26, 1997. regarding this petition. but Mr. Moore is out of his office until
Monday, June 30. 1997.
4. The parties are the natural parents of Logan Kelly Garonzik, bom
September 26,1993.
5. The petitioner, Kristine K. Shulenberger, has primary physical custody of
Logan, while the respondent has partial physical custody as set forth in a custody
Order dated Decamber 13, 1995, which has been attached hereto as "Exhibit A."
6. On June 25, 1997, the respondent Eric A. Garonzik was arrested for an
incident that occurred in Lower Allen Township, Cumberland County, Pennsylvania,
and Mr. Garonzik was charged with the following crimes: Rape, Involuntary Deviate
Sexual Intercourse, Sexual Assault and Impersonating a Public Servant.
7. The respondent, Eric A. Garonzik, is alleged to have been looking for a
female acquaintance in Harrisburg, who he was unable to find. He encountered a
thirty-four year old female neighbor of the acquaintance he was looking for and
convinced the neighbor that he was a police officer and further convinced her to enter
his vehicle under the guise that the two of them would look for his acquaintance.
8. Mr. Garonzik is alleged to have thereafter driven the thirty-four year old
female neighbor to Lower Allen Township where he sexual assaulted her and
threatened to rape her. The female eventually escaped from Garonzik and fled and
was picked up by a passing motorist. Garonzik was arrested a short time later.
9. Garonzik was thereafter placed in Cumberland County Prison in lieu of
$25,000.00 bond which is believed to have been posted at this time.
10. The petitioner, Kristine K. Shulenberger, has serious concerns for the
safety and welfare of the child, Logan Garonzik, should he be permitted to be in the
custody of Eric A. Garonzik. The petitioner is concerned about the deception Mr.
Garonzik allegedly used in above incident and she is concerned about the mental
stability of Mr. Garonzik.
1 1 . Eric A. Garonzik is scheduled to spend time with Logan beginning in the
evening on June 26, 1997 through the following weekend, and thereafter as set forth in
the within Custody Order.
WHEREFORE, Kristine K. Shulenberger respectfully requests that Eric A.
Garonzik's right to partial custody of Logan be suspended and that Eric A. Garonzik be
Ordered to have no contact with Logan pending further Order of Court.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
~tf~
Michael A. Scherer, Esquire
17 West South Street
Carlisle, PA 17013
(717) 249~73
10#61974
Attorney for
Kristine K. Shulenberger
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ERIC A. GARONZIK,
Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
KRISTINE LYNN KELLY,
Defendant
CIVIL ACTION. LAW
NO. 95-5265 CIVIL TERM
CUSTODY NISIT A TION
PRDER
AND NOW, this 1~iJ... day of
r
.......l.... ,
, 1995, upon receipt of
the Conciliator's Report, it appearing that the parties have agreed to the terms and
provisions of this Order which was dictated in their presence and approved by them
and their counsel, it is hereby ordered and directed as follows:
1. The parties shall share legal custody of Logan Kelly
Garonzil~, d.o:b. 26 September 1993.
2. Mother shall have primary physiccl custody of the minor
child.
3. Fathar shall have periods of partial custody and visitation
with the minor child as follows:
A. For the months of December, 1995, and January,
1996, the Father shall heve his two days off from work
beginning at 9:00 a.m. and ending at 5:00 p.m. Beginning in
February. , 996, and continuing thereafter, Father shall be
entitled to have these periods overnight. Father will provide
EXHIBIT "A"
Mother with his work schedule as soon as it is available to him
which is to be providad thirty (30) days in advance according
to Father's receipt of same.
4. The parties shall alternate the major holidays. the major
holidays being defined as Thanksgiving. Memorial Day. Easter, Fourth
of July, and labor Day. These periods will be from 9:00 a.m. until
6:00 p.m. Father will begin this alternating schedule with Easter of
1996.
,
5. The parties will divide the Christmas holiday. In 1995,
Father will have the child on Christmas Eve from 9:00 a.m. until 6:00
p.m. In 1996 and the years thereafter, Father will have 23 December
from 2:00 p.m. until 24 December at 6:00 p.m., and Mother will have
24 December from 6:00 p.m. through Christmas Day.
6. During the summer months, Father will be entitled to four (4)
weeks. He shall have one week in June, one week in July. and two
weeks in August. Those two weeks in August may be consecutive.
Father is to provide Mother with his summer schedule no later than 1
May. Mother is also entitled to have a two week consecutive summer
vacation with the child. This summer schedule will take precedence
over any other schedule.
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7. Father shall have the child on Father's Day. and Mother shall
have the child on Mother's Day. These periods of visitation will be
from 9:00 a.m. until 6:00 p.m.
8. Father shall enjoy time with his son on the birthday at a time
to be agreed upon by the parties.
9. The parties will provide reasonable telephone access with
the minor child when the child is in their respective custody.
10. Such other times as the parties may agree upon.
BY THE COURT,
151 ,~c\":jL E :Nt*~
J.
Monica E. Baturin, Esquire
Michael A. Scherer. Esquire
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ERIC A. GARONZIK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5265 CIVIL TERM
v.
KRISTINE K. SHULENBERGER
(formerly Kristine Lynn Kelly),
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the foregoing Emergency Custody
Petition upon Scott D. Moore, Esquire, attorney for Eric A. Garonzik, by first class mail,
postage prepaid, as follows:
Scott D. Moore, Esquire
Saidis, Guido, Shuff & Masland
26 West High Street
Carlisle, PA 17013
~ra.-
Michael A. Scherer, Esquire
DATE: (. 26 ''17
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ERIC A. GARONZIK,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: <fS-S.;l.1..S
: 95.5625 CIVIL TERM
v.
KRISTINE K. SHULENBERGER
(former Kristine Lynn Kelly),
Petitioner
ED
ORDER OF COURT.
AND NOW, June 27, 1997, hearing on the merits of the emergency
custody petition flied on June 26. 1997, and set for June 30, 1997, at 11 :00 a.m.,
shall be continued to Wednesday, July 23, 1997, at 10:30 a.m. In Courtroom
No.3.
Michael A. Scherer, Esquire
27 West South Street
Carlisle, PA 17013
For the Petitioner
J.
Eric A. Garonzlk
110 West Vine Street, Apt. C
Shlremanstown, PA 17011
Bryan Walk, Esquire
112 Walnut Street
Harrisburg, PA 17101
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ERIC A GARONZIK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5265 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
v.
KRISTINE K. SHULENBERGER, :
(formerly Kristine Lynn Kelly)
Defendant
ORDER OF COURT
AND NOW THIS l day of \-\r\lh , 1999, upon consideration
of the attached Petition To Modify Custody, it is hereby directed that the parties and
their respective counsel aypear before \ , Esquire,
the conciliator, at :::> ~ on the .;t[ day
of 1\'0'\ , 1999 at JtL . . P. ., 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
BY THE COURT,
BY
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OF 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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6. The Father has resided in Florida since approximately September, 1997
and he returned to the Central Pennsylvania area recently.
7. Father's contact with child has been limited to approximately six visits
since September, 1997.
8. Father is demanding to resume periods of partial custody according to the
December 13,1995 Order despite Father having very limited contact with the child over
the last several years.
9. Mother believes it would be harmful and disruptive to to the child to
spend ovemights with the Father according to the December 13,1995 Custody Order
at this time, and Mother believes it would be in the child's best interest to gradually
reunite Father and child over a several week period before overnights are undertaken.
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WHEREFORE, Mother respectfully requests that this Honorable Court revise the
December 13,1995 Custody Order to gradually reintroduce Father, who has been
absent from the child's life, back into the child's life by ordering several weeks of partial
phi'sical custody limited day visits and after several weeks of such schedule that the
Father then be entitled to ovemight custody.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: 2./ z..'; /4\t:\
~~
. Ichael A. Scherer
I,D # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATIQN
I verify that the statements made in the foregoing Petition To Modify Custody
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.
~k .v: S:~,~
Kristine K. Shulenberger
DATED: d2.-,8-'l'l
(1"01 MIlTII 11I111 "'"1I;1:1
t:A~'" 1111.1.. I'CNSSYI.VANJA 17011
[" i .
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ATTORNEY FOR
-.-
ERIC A. GARONZIK, ) IN THE COURT OF COMMON PLEAS
Plaintiff I OF CUMBERLAND COUNTY,
) PENNSYLVANIA
VS. I
I CIVIL ACTION - LAW
KRISTINE LYNN KELLY, I NO. 95-5265 CIVIL TERM
Defendant )
I CUSTODYNISIT AllON
~~DER
AND NOW, this 1::':11.. day of --I::'~L- ,
, 1995, upon receipt of
the Conciliator's Report, it eppearing that the parties have agreed to the terms and
provisions of this Order which was dictated in thair presence and approved by them
and their counsel, It Is hereby ordered and directed as follows:
1. The parties shall shara legal custody of Logan Kelly
Garonzlk, d.o:b. 26 September 1993.
2. Mother shall have primary physical custody of the minor
child.
3. Father shall have periods of partiel custody and visitation
with the minor child as follows:
A. For the months of December, 1995, and Jenuary,
1996, the Father shall have his two days off from work
beginning at 9:00 a.m. and ending at 5:00 p.m. Beginning In
February, 1996, and continuing thareafter, Father shall be
entitled to have these periods overnight. Father will provide
"EXHIBIT A"
d___' ,
\
Mother with his work schedule as soon es it Is available to him
which is to ba provided thirty (30) days in advance according
to Father's receipt of sama.
4. The parties shall alternate the major holidays. the major
holidays being definad as Thanksgiving, Memorial Day, Easter, Fourth
of July, end Labor Day. These periods will be from 9:00 a.m. until
6:00 p.m. Father will begin this alternating schedule with Easter of
1996.
,
5. The parties will divide the Christmas holiday. In 1995,
Fathar will have the child on Christmas Eve from 9:00 a.m. until 6:00
p.m. In 1996 and the yaars thereafter, Father will have 23 December
from 2:00 p.m. until 24 December at 6:00 p.m., and Mother will have
24 December from 6:00 p.m. through Christmas Day.
6. During the summer months. Father will be entitled to four (4)
weeks. He shall have one week in June. one week in July, end two
weeks in August. Those two weeks in August may be consecutive.
Father is to provide Mother with his summer schedule no later than 1
May. Mother is also entitled to have a two week consecutive summer
vacation with the child. This summer schedule will take precedence
over any other schedule.
\
7. Father shall have the child on Father's Dav, end Mother shall
have the child on Mother's Day. These periods of visitation will be
from 9:00 a.m. until 6:00 p.m.
8. Father shall enjoy time with his son on the birthday at a time
to be agreed upon by the parties.
9. Tha parties will provide reesonable telephone access with
the minor child when the child is in their respective custody.
10. Such other times as the parties may agree upon.
BY THE COURT,
,
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J.
Monica E. Baturin. Esquire
Michael A. Scherer, Esquire
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ERIC A. GARONZIK.
Plaintiff
vs.
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
KRISTINE LYNN KELLY,
Defendant
CIVIL ACTION - LAW
NO. 95-5265 CIVIL TERM
CUSTODY NISIT A TION
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
.,
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1 915.3-8Ibl, 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
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Logan Kelly Garonzik
26 September 1993
2. A Conciliation Conference was held on 30 November 1995, and the
fOllowing individuals were present: the Plaintiff and his attorney. Monica E.
Baturin, Esquire; the Defendant appeared with her attorney. Michael A. Scherer.
Esquire.
3. Items resolved by agreement: see Order attached.
1
-.-
4. Issues yet to be resolved: see Order attached.
6. The Plaintiff's position on custody is as follows: see Order attachad.
6. The Defendant's position on custody is as follows: see Order atteched.
7. Need for separate counsel to represent child: Neither party requested and
the Conciliator does not feel this Is necessary.
8. Need for independent psychological evaluation or counseling: Neither
party requested and the Conciliator does not believe any is necessary.
"
Date: 1 1 December 1995
l?J Illl(/uui .../ ~jCJ
Michael L. Bangs .
Custody Conciliator
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ERIC A. GARONZIK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5265 CIVIL TERM
CIVIL ACTION-LAW
v.
KRISTINE K. SHULENBERGER, :
(formerly Kristine Lynn Kelly)
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this l" day of ~~, 1999, the attached Stipulation
and Agreement is hereby made an Order of Court and all prior Orders on this matter
are hereby vacated.
J.
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ERIC A. GARONZIK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5265 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
v.
KRISTINE K. SHULENBERGER, :
(formerly Kristine Lynn Kelly)
Defendant
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between Kristine K. Shulenberger (hereinafter referred to
as "Mother") and Eric A. Garonzik (hereinafter referred to as "Father").
WHEREAS, the parties are the natural parents of Logan Kelly Garonzik, bom
September 26, 1993 (hereinafter referred to as "child"); and,
WHEREAS, the parties are presently separated and living in separate
residences; and,
WHEREAS. the parties wish to enter into an agreement relative to the custody
and partial custody of the child.
NOW, THEREFORE. in consideration of the mutual covenants. promises and
agreements as hereinafter set forth, the parties agree as follows:
1, The parties shall have joint legal custody of the child.
2. The mother shall have primary physical custody of the child.
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3.
Father shall have partial physical custody of the child as follows:
a. Every other weekend from Friday aftemoon until Saturday at 5 p.m.
b. At such other times as the parties agree
4. The parties shall alternate having physical custody of the child on
Thanksgiving, Memorial Day, Easter, Fourth of July and Labor Day. These periods
shall be from 9:00 a.m. until 6 p.m.
5. Father shall have the child each Christmas season on December 23 from
2:00 p.m. until December 24 at 6:00 p.m. Mother shall have the child from 6:00 p.m. on
December 24 through Christmas Day.
6. Each Summer, Father shall have the child for one week in June, one
week in July and two weeks in August. These weeks shall coincide with Father's
weekend visitation as set forth in paragraph "3.a." above. Mother is entitled to a two
week summer vacation with child as well. Father shall provide mother with the dates on
which he intends to exercise his partial custody as set forth in this paragraph no later
than May 1 of each year.
7. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to insure
that the health and well being of the child is protected.
8. Neither parent shall do anything which may estrange the child from the
other party, or injury the opinion of the child as to the other party or which may hamper
the free and development of the child's love or affection for the other party.
9. The parties agree to use appropriate language and conduct when in the
presence of the minor child.
10. Any modification or waiver of the provisions of this Agreement shall be
effective only if made in writing and only if executed with the same formality as this
S!:oulation and Agreement.
11. The parties desire that this Stipulation and Agreement be made an Order
of Court to the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in fact,
have jurisdiction over the issue of custody and the parties's minor child and shall retain
Jurisdiction should circumstances change and either party desire or require modification
of said Order.
12. The parties agree that in making this Agreement, there has been no
fraud, concealment, overreaching, coercion or other unfair dealing on the part of the
other.
13. The parties acknowledge that they have read and understand the
provisions of this Agreement.
14. Each party acknowledges that the Agreement is fair and equitable and
that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof set their hands and seal the day and year written below.
WITNESS:
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Kristine K. Shulenberger
DATE: ooq. 01."'19
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Eric A. Garonzik
DATE: /.1'/ '"-:-/?)'
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