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6. A custody conciliation conference was held on April 4, 1996, and an Order
was entered April 18, 1996, in accordance with that conference, indicating that the parties agree
to participate in a custody evaluation, to be performed by Stanley E. Schneider, of Guidance
Associates, Inc., a copy of which is attached hereto as Exhibit "B".
7, At the time of the custody conciliation, both parties took the position that
they should have primary physical custody of JACOB, and agreed that a custody evaluation be
performed for the purpose of determining who should be the primary custodian.
8, Since the custody conciliation. Defendant has carefully considered the pros
and cons of contesting primary physical custody of JACOB, as well as the burden which he will
have to overcome in order to prevail in such a case. Upon due reflection, Defendant has
expressed a willingness to withdraw his request for primary physical custody of JACOB, and
seeks only an appropriate partial custody arrangement, which would allow him to have JACOB
for the summer vacation, appropriate holiday visitation, and reasonable visitation when he is in
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the Carlisle area during the school year, and more specifically in 1996, to allow him substantial
period of partial custody during July and August of 1996, in Bethany Beach, Delaware, in
Carlisle, Pennsylvania, and in Hawaii. Since Defendant is now seeking only partial custody, it
is his position that the expense and delay of a custody evaluation are no longer necessary.
9, Although Plaintiff raised the issue of Defendant's mental stability during the
conciliation conference, until Defendant relocated to Hawaii, during the earlier period when the
parties were essentially sharing physical custody of JACOB, Plaintiff never petitioned the Court
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to limit Defendant's periods of physical custody of JACOB on the grounds of mental instability
or for any other reason.
10. The only time Defendant met with a psychologist or psychiatrist, was in the
context of marriage counseling with Plaintiff, or other similar relationship counseling. He has
never requested psychological or psychiatric treatment.
11. Defendant is returning to the Carlisle area late 0 July 9, 1996, nd
anticipates being in the Carlisle area through approximatee:~~ith the exception of
the week of July 13, 1996 through July 20, 1996,
12, In December of 1995, Defendant rented and prepaid for the rental of a house
in Bethany Beach, Delaware, in the expectation that he and JACOB would vacation there for a
week from July 13 through July 20, 1996,
13. For the past four consecutive years, Defendant has taken his son JACOB
to Bethany Beach for a one week vacation in the summer or fall, during which JACOB calls
Plaintiff almost every day. PlaintiH did not deny Defendant the right to take JACOB out of state
to Bethany Beach on any of the four consecutive pervious years,
14. Plaintiff has informed Defendant that she will not consent to Defendant's
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taking JACOB to the house in Bethany Beach this year unless he has psychological testing first.
15. Defendant also understands that Plaintiff refuses to allow him to take JACOB
to his home in Hawaii, prior to his obtaining psychological testing.
16. Defendant submits that Plaintiff's requirement that Defendant receive
psychological testing as a precondition to exercising partial custody of his son, particularly
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considering the fact that no such requirement has been imposed on him for the several years
preceding this year, during which time he had much more extensive custody of his son than is
presently proposed, it is an arbitrary and extraordinary precondition without any rational basis
in fact.
17, Defendant would be available for a hearing on this matter any time July 10,
July 11 or July 12, 1996, should the Court have the ability to accommodate the parties for a
hearing during that time period.
18. Alternatively, it is proposed that Defendant be permitted to testify by
telephone at a hearing scheduled on any prior date (although for scheduling purposes, and
considering the time difference between Pennsylvania and Hawaii, a hearing late in the afternoon
will be more convenient for Defendant),
19. This request is made directly to the Court on the suggestion of the Custody
Conciliator, Michael L. Bangs, Esquire, considering the time frame in question,
WHEREFORE, Defendant requests that the Court schedule an expedited hearing
on Defendant's request for partial custody generally, and specifically for the period of the
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summer of 1996,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for the Defendant
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James 0, Flower, Jr., Esquire
11 East High Street
Carlisle, PA 17013
(717) 243.5513
1.0. #27742
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X,EGAL SEPI\.RATION AGREEMEN'l'.
THIS AGREEMENT, made this I S day of J1..1...r::..- , 1988,
by and between MARY JANE GARDNER, hereinafter referred to as
"Wife" and DAVID A. GARDNER, hereinafter referred to all
"Husband", both of Perry County, pennsylvania.
WITNESSETH I
WHEREAS, Husband and Wife were lawfully married on
August 1, 1981, in Tyrone Township, Perry County, pennsylvania 1
and
WHEREAS, one child was born of this marriage, to witl
Jacob Andrew Gardner, born April 6, 19871 and
WHEREAS, difficulties have arisen between the parties as a
result of which they now desire to live separate and apart and,
by this Agreement, to settle all financial and property rights
between theml and
WHEREAS, in preparing this Agreement and negotiations
contemporaneous therewith, Wife was represented by John C.
Peterson, Esquire, and Husband was represented by Thomas J.
Williams, Esquire, a full explanation of the same having been
made to their respective clientsl and
WHEREAS, Husband and Wife respectively acknowledge that
before signing this Agreement they have been fully advised by
their respective counsel of their rights and obligations, have
read carefully and understand the terms of this Agreement, and
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EXHIBIT
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have freely consented to this Aqreement, believinq it to be
fair, just and equitable; and
NOW, THEREFORE, in consideration of covenant9 and promises
hereinafter mutually havinq been aqreed to be kept and
performed by each party hereto as well as for qood and valuable
consideration, and intending to be legally bound hereby, the
parties hereto do hereby agree as followsl
1. Mutual Seoaration. Husband and Wife shall be free
from constraint or control by the other as fully as if he or
she were unmarried. Neither shall disturb, trouble or
interfere in any way with the other or with any person for
associating with the other.
2. Custodv. Legal and physical custody of the parties'
son, Jacob Andrew Gardner, shall be shared equally by the
parties. The parties feel they can work out mutually
convenient times for the sharing of custody on an ongoing
basis; however, either party has the right to petition the
court to set specific dates and times consistent with an equal
sharing in the event that the parties cannot agree.
J. Mutual Release. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself,
his or her heirs, executors, administrators or assigns, does
remise, release, quit-claim and forever discharge the other
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party hereto, his or her heirs, executors, administrators or
assigns, or any of them, of any and all claims, demands,
damages, actions, causes of action or suits at law or in
equity, of whatsoever kind or nature, for or because of any
matter or thing done, admitted, or suffered to be done by said
other party prior to and including the date hereof; further,
the parties hereto have been advised by their legal
representa ti ves, respecti vely, of all their rights under the
Pennsylvania Divorce Code, and such rights as are not
specifically incorporated herein are hereby expressly waived.
Notwithstanding the foregoing language of this paragraph, this
release shall in no way exonerate or discharge either party
hereto from the obligations and promises made and imposed by
reason of this Agreement and shall in no way affect any cause
of action in absolute divorce which either party may have
against the other.
4. Effect of Divorce. Nothing contained in this
Agreement shall be deemed to prevent either party from pursuing
a divorce on any grounds permitted by law in this or any other
jurisdiction, nor to bar the other from defending any such
sul t. In the event any such action is pursued or ini tia ted,
the parties shall be bound by all the terms of this Agreement.
This Agreement shall not be merged in such decree, but shall in
all respects survive the same and shall be forever binding and
conclusive upon the parties. This Agreement is a compromise of
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a marital dispute and does not necessarily reflect the
positions of the parties with respect to their legal rights as
such pertain to any of the matters either provided for or
omitted from this Agreement.
5. Debts. Buth parties agree that, in the future,
neither shall cause or permit to be charged to or against the
other any purchase or purchases which eit.her of them may
hereafter make and shall not hereafter create any engagements,
debts or obligations in the name of or against each other.
Except as specifically provided herein, each agrees to hold the
other free and harmless from any and all debts and other
obligations which he or she may have incurred personally in the
past, and agrees to indemnify and defend the other party from
any claim regarding same.
I). Personal Prooertv. The parties have agreed between
themselves to a division of all household furnishings and other
personal property, tangible and intangible, which would be
considered "marital property" under the Pennsylvania Divorce
Code. All items listed on Appendix "AU will be the sole and
separate property of Wife. All other personal property will be
the sole and separate property of Husband. Full title to and
ownership of all such property as divided herein is hereby
vested and/or transferred, if necessary, in and/or to the
appropriate party.
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7. Real ProDertv. Husband and Wife own jointly as
tenants by the entireties, real property and house situate in
Tyrone Township, Perry County, Pennsylvania. Concurrently
herewith Wife shall execute a General Warranty Deed in form
satisfactory t~ Husband conveying her interest in the said real
estate to Husband and shall deliver said Deed to Husband. As
consideration therefor, Husband shall pay to Wife the sum of
Thirty Thousand ($30,000.00) Dollars payable in sixty (60)
monthly installments of Five Hundred ($500.00) Dollars each
without interest. The first payment is due upon delivery of
the said Deed and the remaining payments due on the same day of
each month thereafter.
8. Automobiles. Husband shall provide Wife with the free
and unlimited use of the 1988 Mercury Colony Park, or
equivalent, and shall provide insurance, maintenance and fuel,
all at no cost or expense to Wife, for so long as Husband is
employed by Waymaker Company, but in no event bej'ond five (5)
years from the date hereof; provided, however, that if Husband
changes employment as a result of which the said automobile is
no longer available through his employer, then Husband shall
provide a substitute automobile of his choice for the use of
Wife for the remainder of the time period set forth above. In
the event such substitute automobile shall be provided, then
Husband shall also provide automobile insurance sufficient to
meet the requirements of the Pennsylvania Motor Vehicle
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Financial Responsibility Act and maintenance at a garage of his
choice sufficient to meet the requirements of the Pennsylvania
Motor Vehicle Inspection Regulations from time to time in
effect; however, Wife shall be responsible for providing gas.
9. Alimonv. Husband shall pay to Wife the sum of Five
Hundred ($500.00) Dollars per month for a total of sixty (60)
months or until remarriage or death, whichever first occurs, as
and for alimony and separate maintenance. In addition, Husband
shall provide medical insurance coverage for Wife, so long as
this is provided at no cost by his employer.
10. Child SUDDort. Husband shall pay to Wife the sum of
Three Hundred ($300.00) Dollars per month as his contribution
toward the financial support of the parties' son, Jacob Andrew
Gardner. These payments shall continue until Jacob is legally
emancipated. In addition, Husband shall provide medical
insurance coverage for Jacob, so long as this is provided at no
cost by his employer. The parties recognize the likelihood of
an additional financial contribution to a college education for
Jacob; however, the matter of financial contribution to a
college education will be determined by the parties'
circumstances and the law in effect at that time. As a
consequence of the financial contributions provided herein,
Husband shall be entitled to claim Jacob as an exemption on his
income tax return for so long as such exemption is available.
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11. Husband is the owner of a house located at 520 sound
Orive, Key Largo, Monroe County, Florida. So long as this
house is not being used by Husband as his primary rea1dence,
Wife shall be permitted the use of same for a maximum total
aggregate time of two (2) months per year at times to be
mutually agreed upon by the parties. During the time Wife
shall be permitted to use said house she shall be responsible
for all utilities and consummables and shall reimburse Husband
therefor. Husband shall nevertheless be solely responsible for
the mortgage and taxes on said house and Wife shall have no
liability therefor.
12. Consent to Divorce. 80th parties agree to pursue a
No-Fault Di?orce under Section 20l(C) of the pennsylvania
Divorce Reform Act and, in corulection therewith, to execute and
acknowledge whatever consents or other documents are necessary
to accomplish this.
13. Reconciliation. This Agreement shall not be
invalidated or otherwise affected by a reconciliation between
the parties hereto, or a resumption of marital relations
between them unless said reconciliation of said resumption be
documented by a written statement executed and acknowledged by
the parties with respect to said reconciliation and resumption
and in addition setting forth that they are cancelling or
modifying this Agreement.
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14. Miscellaneous.
A. Each of the parties agrees to .xecute such other and
further instruments and to perform such acts as may be
reasonably required to effectuate the purposes of this
Agreement.
B. Except as otherwise provided herein, each of the
parties hereto for himself or herself, and his or her
respective heirs, personal represen ta ti ves and assigns,
releases all claims, demands, and interests arising under the
Divorce Code of 1980, 23 P.S. Section 1.01 et seq., as from
time to time amended, including but not limited to any claim to
use and possession of the family home, if any; any claim to use
and possession of family personal property, if any; any claim
to marital property, if any; and any claim to monetary award as
an adjustment of the equities and rights of the parties
concerning marital property, if any.
C. Each of the parties hereto is aware of his or her
respective legal rights and the implications of this Agreement
and the consequences which may ensue in the execution hereof.
Husband hereby acknowledges that he has been represented during
negotiation of this Agreement by Thomas J. Williams, Esquire,
of Carlisle, Pennsylvania. Wife hereby acknowledges that she
has been represented by John C. Peterson, Esquire, of
Harrisburg, pennsyl vania. Both parties agree that they have
read this Agreement carefully, and thoroughly, fully
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understanding each of its provisions, and therefor sign it
freely and voluntarily.
D. Whenever the masculine gender is used herein, it
shall also mean the !eminine gender, where appropriate, and the
plural shall mean the singular, and vice-versa, where
appropriate.
E. This Agreement contains the entire understanding
between the parties. No modification or waiver of any of the
terms of this Agreement shall be valid unless made in writing,
and signed by both parties; provided, however, that the alimony
and child support payments described in paragraphs 9 and 10
hereof are expressly made subject to modification by a court of
competent jurisdiction upon a showing of changed circumstances
occurring subsequent to the date hereof, in the usual manner
applicable to support orders.
F. As to these covenants and promises, the parties
hereto severally bind themselves, their heirs, personal
representatives and assigns.
G. This Agreement has been drafted and prepared by both
parties and should not, in the event of a dispute, be
interpreted against one party or the other.
H. If any of the provisions of this Agreement are held
to be invalid or unenforceable, all other provisions shall
nevertheless continue in full force and effect.
I. The parties may execute multiple counterparts of this
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Aqreement, each Qf which .hall con.titutv an original for all
purpo.e..
J. All matters affecting the interpretation of this
Agreement and the rights of the parties hereto .hall be
governed by the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties hereto intending to be
legally bound do set their hands and seals on the day first
above written.
Witness I
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ry ,dane Gardner
=tt~~'aG.AXSEAL)
avid A. Gardner
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COMMONWEALTH OF PENNSYLVANIA )
I SS.
COUNTY OF (1~q'r'\bL (a...<7' )
On this, the /:)+1 day Of~ A..C , 1988, before me, the
undersigned officer, personally appeared MARY JANE GARDNER,
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ()~/'rY'\ Ku u:a J.. i SS.
On this, the 15H1day Off.:)lA u. , 1988, before me, the
undersigned officer, personalY:y appeared DAVID A. GARDNER,
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Not ry Public
MERLENE MARHEVl<A. No..,., "'*
Carli,I., Cumberland (aunly, Pea.
My CammluJon Expir.. <., /1/ ~.I..i
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
l /);) L { L, .e,'--y-)'IQ ,\ h.11 ~J.)cL
Nota~ Public . ,
MERLENE MARHEYKA. No'ory Public
(arli.le, Cumberland CounlY, Pa.
My Commi..lon (.pi/.. t.J., /7 r i ,.
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APPENDIX "A"
3. Iteml rllolved by agreement: The partlllagree to lubmit the clle to a
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custody evaluator.
4. Issues yet to ~e resolved: An final custody order.
6. The Plaintiff's position on custody is as follows: Plaintiff believes that
the child should remain in her custody primarily and that the child not be permitted
to be with his Father in Hawaii until such time as she feels comfortable that Father
has suitable living arrangements for the child and that he is sound mentally.
Mother suggested that the Father has some mental instability and that he has had
p3ychiatric intervention In the past and she is concerned for the welfare of her child
if the child goes to Hawaii. Assuming that those issues are resolved, the Mother
will agree to some blocks of time with the Father during the summer months when
the child Is not In school.
6. The Defendant's position on custody is as follows: The Defendant
relocated to Hawaii. He effectively left sometime in November, 1995. He believes
that he should be the primary custodial parent of the child.
7. Need for separate counsel to represent child: Neither party requested and
the Conciliator does not believe any is necessary.
8. Need for Independent psychological evaluation or counseling: Sea
attached Order.
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9. Other matters and comments: This Is a relocation case. In edditlon.
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Mother has raised .ome I.sues as to the Father's mental stability. The partie. did
agree to go to Stan lay E. Schneider, Ed.D., for a complete evaluation. Once the
evaluation Is completed It Is hoped that the parties can reach an overall resolution.
Date: 8 April 1996
;'~l1Jid1ttd L /SA .d ~
Michael L. Bangs ~'T
Custody Conciliator
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I.A W OFFICES
MARMARA SUMPLE-SlJLLlV AN
549 IJridge Street
New Cumbcrla'ld, l'ennHYlvlUlill 17070-1931
I'HONE: (717) 77....1445
PAX: (717) 77....70'\9
TO: JIKJIQllorllble IIl1rolcl E. ~hcdJ . Clll11herlan<t Countv Courthouse
SENT VIA FAX NUMBER: 240.6-11,2
FROM: DAJUJAKA SlIMPI.F...SULLlVAN, I1:SQlJIKF.
DATE: June 25. 1996 ._.
TIME: ._11;.45
AM I PM..
RIo:: Miller vs. Gllrdner
96-265 Civil Term
NO. OF PAGES INCLUDING TRANSMITfAL SHEET: 2
ORIGINAL WILL _XX_ IWILL NOT FOLLOW BY FIRST-CLASS MAIL
~U_I ljlt, 1 Ill!' I [!tIII':;,"J IIHlr'~'.I'~', . till!
Franco Psychological Associates
16 Stat. Av.nu. CarlisI., PA 1701l
(717) 14J-1896 .... (717) 24J-~197
Utel.'" '.yrboloabls
EdWIN A. franco, Ph. D.
Da.is C. Tracy. Ph,D.
Konodh franco, Ph.D.
lori I. Ilol!ll. M.S.
Uno.'" Social W.....~
NlUl<Y M. Small, AC.SW.
SWlUl McGraw, M. S. W.
c.rtln04 'ror...lonlla
IOlUllarlln.Drak., Ph.D.. RN
Ccrlifl.d Paychiatric NUfM
10 Ann Co,lell, EJ,D.
Ccrliflod School P,ycholoplt
July I, 1996
Atty. Barbara Sump Ie-Sullivan
549 Hridge SI.
New Cumberland, PA 17070
Dear Harbara:
RE: Jacob Gardner, DOB 4-6-87
I have seen Jacob Gardner and his mother on four occasions beginning 5/2/96 and ending
6/28/96. Jacob's father had recently moved to Hawaii. Mrs, Miller, Jacob's mother, wanted Jacob to
have a neutral place where he could talk about any feelings he might have about any areas of his tife.
Jacob spoke positively about his previous visits with his father. He said they shared an interest in
trains and that he enjoyed playing with his father, He did not share any negative thoughts or
experiences about his father, He said he missed his father. but did not feel especially angry with him
After our initial session, however, Jacob refused to talk with his father on the phone. His
behavior at school became somewhat dismptive and irritating to other children which was not typical
of Jacob. My assessme:ll was that our discussion had made him more aware of the anger he did have
about his father's move. I encouraged him to talk with his father about his feelings which he was able
to do,
I am aware that Mrs, Miller has concems about Jacob's father, TIle most specific seems to be
that his current living arrangements and significant other are Wlknowns, She has general concems
about his priorities, maturity and judgment. However, it is difficult for her to give specifics of how
these concems have been a detriment to Jacob's care while he's with his father.
Other than the anger about his father's move, Jacob is willing and anticipatory about his visits
\\lith his father. Jacob is a gentle and somewhat cautious child, From my contacts with him it would
not seem advisable for him to be away from his mother for more than 2-3 weeks at a time. As he
gets older this plan could be reassessed.
Please call if there are specific questions which I did not address.
NMS:tk
Respectfully,
-'/
/t,u~'--?i/>~a.---
Na'j;~MJ;mall:A~Cs.W.
Licensed Social Worker
MARY JANE MILLER 1 IN THE COURT OF COMMON PLEAS OF
1 CUMBERLAND COUNTY, PENNSYLVANIA
1
V. 1
1
1
DAVID A. GARDNER 1 NO. 96-265 CIVIL TERM
1
1 CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 1st day of JULY, 1996, a hearing on the issue
of partial custody is set for Thursday, July 11, 1996, at 4100
p.m. in Courtroom' 1.
We have already notified counsel, therefore no further
notice is required.
l
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By the Court,
H
Barbara Sumple-Sullivan, Esquire
For the Plaintiff
James D. Flower, Jr., Esquire
For the Defendant
:sld
I
MARY JANE MILLER.
: IN THE COURT OF COMMON PLEAS
:CUMBERlAND COUNTY. PENNSYLVANIA
Plaintiff
v.
NO. 96-265 CIVIL TERM
DAVID A. GARDNER.
Defendant
CUSTODY
PETITION FOR ALLOWANCE OF DISCOVERY
I. Petitioner is Plainlifr. Mary Jane Gardner, an individual residing at 1022
Nonhrield Drive. Carlisle. Cumberland Counly, Pennsylvania. 17013.
2. Respondenl is Defendant. David A. Gardner. an individual residing al an unknown
address in Hawaii. but with a home located al 16 Oakwood Drive. Carlisle. Cumberland County.
Pennsylvania, 17013.
3. Petitioner riled a Complaint for Custody on January 18. 1996 relalive 10 the
panies' natural son. Jacob, born April 6. 1987.
4. A Concilialion Conference was held on April 4, 1996 wherein the parties agreed
to undergo a custody evalualion to be performed by Dr. Stanley E. Schneider of Guidance
Associates.
5. While Petilioner made contact for evalualion purposes. Respondenl made no such
conlact.
6, On or about June II, 1996. Respondent filed a Petilion for Expedited Partial
Cuslody Order Wilh the Court.
7. Based on lhe lravel schedule of the Respondent. the Court. on June 28. 1996.
. scheduled a hearing on that Pelilion for July II. 1996 al 4:00 p.m.
8. Pelitioner is in need 10 seek discovery prior 10 said hearing 10 delennine the
. approprialeness of Ihe Respondent as caregiver to the child in a location as dislant as Hawaii.
9. Pelilioner asks leave that the Court require the Respondenl to respond to the
Interrogatories anached herelo as Exhibil "A" on or before July 8, 1996 in an effort 10 allow
Petilioner sufficient time 10 verify and expand upon the infonnalion elicited through the
, Inlerrogatories.
10. Petitioner asks the Court to require a home study of the presenllocation in Hawaii
in which Respondent resides and 10 require Respondent to present same atlhe expedited hearing
,date of July 11. 1996.
2
WHEREFORE, P~titilln~r r~spectfully requeslS Ihe Court's approval 10 seck discovery
on an expedited basis to allow for full disclosure to the Court of the Respondent's circumstances
at the hearing on July II. 1996.
DATE: July I, 1996
///C/
/-" ._-
Barbara Sumple.Sullivan.
. 549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court J.D. 32317
3
MARY JANE MILLER,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
v.
NO. 96.265 CIVIL TERM
DA VID A. GARDNER.
Defendant
CUSTODY
CERTIFICATE OF SERVICE
AND NOW. this 1st day of July. 1996. I hereby verify that r have caused a true and
correct copy of the Petition for Allowance of Discovery to be placed in the U.S. mail. first
class. postage prepaid and addressed as follows:
James D. Flower. Esquire
Flower. Kramer. Morgenthal & Flower
1 I East High Street
Carlisle. PA 17013
BARBARA SUMPLE.SULLI
. ESQUIRE
5
EXHIBIT "A"
2. Identify the full name(s) of all individuals who reside there with you.
j\NSWER:
a) Identify all individuals who occupy the premises on a full-time or pan-
time basis.
ANSWER:
b) Identify any altemative address for said individual(s).
ANSWER:
c) Identify the names and addresses of all places of employment for said
individuals.
ANSWER:
2
3. Identify the custodial relationship which your live-in companion shares with her
minor children and the extent of time in whi.:h they are in your household.
ANSWER:
a) Specifically identify why your client is not the primary custodian of her
minor children. Alicia and Adell.
ANSWER:
b) Identify the coun and docket number which documents the custody
schedule as outlined above.
ANSWER:
3
1 t. Please indicate the expected time period in which you will be in Pennsylvania
, during the period July I through December 31, 1996.
, ANSWER:
i
DATE: July I, 1996
I
I
Barbara Sumple-Sullivan. Esquire
549 Bridge Street
New Cumberland. PA 17070-1931
(717) 774-1445
Supreme Coun J.D. 32317
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MARY JANE MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - CUSTODY
DAVID A. GARDNER,
Defendant
"-
No.9t.J.t...f (?""l Ir,..,)
ORDER OF COURT
AND NOW, this J ( . f\ ') (I f/ (/ b , upon consideralion of the all ached
I ,.
complaint, it is hereby directed Ihat the parties and Iheir respective counsel appear before
~,d<l,,'1 L r)'.",(>ch.lheconci)ialOr.al'~":J 5 \5'/), )f(,,,"dL~J
on the ) ~ ! h day of > I :Y I (h...wJ996. al II , ex., AM" for II
Prehearing Custody Conference. AI such conference. an errorl will be made 10 resolve the issues
in dispute: or if this cannot be accomplished, to define and narrow Ihe issues 10 be heard by the
coun, and to enter inlo a temporary order. Eilher party may bring the child who is the subjecl
of this custody action 10 the conference. but the child/children's allendance is not mandillory,
Failure to appear at the conference may provide grounds for enlry of a temporary or perlllilnent
order.
FOR HIE COURT:
By: /f1cXtll ,,1 IS /J tf;i!l-.,)
Cuslody Conciliator < I.?:)~ /
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DC) NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TE1.EPHONE TIlE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN (JET 1.EGAL liEU',
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE, PA 17013
(717) 240.6200
AVID A. GARDNER,
Defendant
NO. 'I"~ .'.;,' ('".1 7;,,.-~
i
I
I
I
r' 1ARY JANE MILLER.
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. CUSTODY
CUSTODY COMPLAINT
J. The Plaintiff is Mary Jane Miller (hereinafter referred to as "Mothl!r"), who
urrently resides at 1022 NOrlhfield Drive. Carlisle. Cumberland County, Pennsylvuniil 1711J.1.
2. The Defendant is David A. Gardner (hereinafter referred to as "Father"). who
urrenlly is in Hawaii and whose prior address is 16 Oakwood. Carlisle, Cumberland Coullly,
ennsylvania 17013.
3. Plaintiff seeks sole legal and primary physical custody of the following child:
NAME
PRESENT RESIDENCE 1ill.Il
Jacob
1022 Northfield Drive April 6, 19K7
Carlisle. PA 17013
The child is presently in the custody of Ihe Molher.
During the past five years the child has resided wilh Ihe following pcrNOI\S III the
jOIlOWing addresses:
2
DATES
ADDRESSES
PERSONS
1990 . Present
1022 Nonhfield Drive
Carlisle. PA 17013
Mary Jane Miller. MOlher
Lynn R. Miller
4, The relationship of the Plaintiff to that of the child is that of mother. The
laintiff currently resides with the following persons:
NAME
RELATIONSHIP
Lynn R. Miller
Jacob Gardner
Husband
Son
5. The relationahip of the Defendant to the child is natural Father. The Defendant
urrently reside with the following persons:
NAME
RELATIONSHIP
Unknown
6. Plaintiff nas not p:Jrticipated as a party in other litigation concerning the custody
f the child. Custody was addressed in the parties' marital dissolution agreement indicating
ustody should be shared. However, primary physical custody of the child has rested with
lather. Father's visitation has been varied and erratic. He has not seen the child in the last
wo (2) monlhs.
The Plaintiff has no information of a custody proceeding concerning the child pending
n any courl of this Commonwealth.
Plaintiff does not know of a person not a parly to the proceedings who has physical
ustody of the child or claims to have custody or visitation rights with respect to the child.
3
I'
,I
CIVIL ACTION. CUSTODY
MARY JANE MILLER.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
DAVID A. GARDNER.
NO.
Defendant
VERIFICATION
I. MARY JANE MILLER. hereby cenify that the facts set fonh in the foregoing
CUSTODY COMPLAINT are true and correct to the best of my knowledge. information and
belief. I understand thaI any false slatements made herein are subject to penalties of 18 Pa.
C,S,A. Section 4904 relating to unsworn falsification to authorities,
'1~IVlLth,'1A1l
MA ANE MILLER
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LAW OFI;ICES
FLOWER. 1\I0RGENTfIAL. FLOWER & LINDSAY
\ 1'1(1111.\\1",\,\1, l"!iU"!C\lI'"
II EAST HIGH STREET
CARLISLE. PENNSYLVANIA 1701.l-.1016
JAMI,S 0, f1.0WI:R
ROGER M, MORGENn~\l.
JAMES D. t1.0WER, JR.
CAROL I L1NOM Y
1111) !4'-"'"'1l
""\.\:: 1111) !H.I~",llI
IIIFIS('fldl MOlU;I'Nn~\1.
(l'n'.'IJtl1)
ROWER. KRAMER
MllltoENn ~\L '" t1.0WER
( 1'J85-I'192)
June 24, I<)l)()
The Honorable Harold E. Sheely
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
RE: MAI(Y JANE MILLER
v. UAVII> A. GAIWNER
NO. 1}6-265 CIVIL TEIU.'
Dear Judge Sheely:
Y(\U kindly scheduled an expediteu hearing on the issue of parlial cusllldy in the above
referenced case for June 2M, 1<)<)(" at 1ll:30 a.m. Although in paragraph IS of the Petition,
I requested that Defendant he permilled III testify by telephone at a hearing scheduled on
a date prior to his arriving fwm Hawaii, I did not include any such language in the Order.
Could you please advise whether it was your intention that the Defendant be permitted to
testify at that hearing hy telephone. fwm Hawaii'?
Very truly yours,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
,,5 ~..". 'e
JDFJr:mjm \
cc: Barbara Sumple-Sullivan, Esqu'h-e'
MARY JANE MILLER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
)
)
)
I
I
)
)
f/ ORDER
AND NOW, this I~ t day of ~ f rA r L, 1996, upon receipt of
vs.
NO. 96-265 CIVIL TERM
OA VID A. GARDNER
Defendant
CUSTODY
the Conciliator's Report, it is hereby ordered and directed as follows:
1. The parties agrae that they shall participate in a custody
evaluation to be performed by Stanley E, Schneider, Ed.D" of
Guidance Associates, Inc. The parties shall share the expense of the
evaluation with Father assuming _f( f 1/ ( 5 (., %) percent of
the cost, and Mother assuming (" {frf ( S i) %) percent of
\ f\.O ( Q U ~'C l~o<J('C) __"f-~~" L-::I-
the cost. ~~;:...Q. ..A.f'Cv-v--<-.J.l.~ "'J ,.Q.A.-L.~f~ -
2. In the event that the parties are not able to agree as to a
final custody order in this case efter receipt of the evaluation, either
party may request another conciliation before Michael L. Bangs,
Esquire.
'IZ:/;jI~
J.
Barbara Sumple-Sullivan, Esquire
Jamlls D. Flower, Jr., Esquire
mlb
_ e.-.-a-U<L I'..~,t ~diJ.;I./'1""
..J~.
MARY JANE MILLER
Plaintiff
vs.
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 96-265 CIVIL TERM
DAVID A, GARDNER
Defendant
CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts)
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915,3-8(bl, the undersigned Custody Conciliator submits the
following report:
1, The pertinent information concerning the child(ren) who is(are) the
subject of this litigation is as follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Jacob Miller
April 6. 1987
2, A Conciliation Conference was held on 4 April 1996, and the following
individuals were present; the Plaintiff and her attorney, Barbara Sumple-Sullivan,
Esquire; the Defendant appeared with his attorney, James D. Flower, Jr., Esquire.
1
3. Items resolved by agreement: The parties agree to submit the case to a
custody evaluator.
4. Issues yet to be resolved: An final custody order,
5. The Plaintiff's position on custody is as follows: Plaintiff believes that
the child should remain in her custody primarily and that the child not be permitted
to be with his Father in Hawaii until such time as she feels comfortable that Father
has suitable living arrangements for the child and that he is sound mentally.
Mother suggested that the Father has some mental instability and that he has had
psychiatric intervention in the past and she is concerned for the welfare of her child
if the child goes to Hawaii. Assuming that those issues are resolved. the Mother
will agree to some blocks of time with the Father during the summer months when
the child is not in school.
6, The Defendant's position on custody is as follows: The Defendant
relocated to Hawaii. He effectively left sometime in November. 1995. He believes
that he should be the primary custodial parent of the child.
7. Need for separate counsel to represent child: Neither party requested and
the Conciliator does not believe any is necessary.
8. Need for independent psychological evaluation or counseling: See
attached Order,
2
r..,w O.......tcEs
IB.HAARA SUHPJ.E-SULUVAN
1'\.." HHlf)(iE STlU:E r
NEW CI~M"EHI.A."(), I'I{S'SSYl.v.\SI,\ 17()7t)-1~UI
PunsI-.: p'l1, 17.",-",.1\
fAX (117) 17.,.7U(\Y
April 23, 1996
The Honorable Harold E. Sheely
Coun of Common Pleas
Cumberland County Courthouse
1 Counhouse Square
Carlisle, PA 17013
"
RE: Miller vs. Gardner
NO: 96-265 Civil Term
Deilr Judge Sheely:
This leller is to request reconsideration of your order entered in the above captioned
mailer dated April 18, 1996. A copy of the order is allached hereto for ease of reference, The
Order in fact divides the expense of the evaluation in equal shares betw"o:n the mother, Mary
Jane Miller, and Ihe father, David A. Gardner. The Coun additionally indicated thaI. "The
Coun has no information on the income of eilher party".
I raise for the Coun's consideration the fact Ihat a lengthy suppOrl hearing had been
heilrd by the court referencing these panies and docketed to 202 Support 1990. The hearing was
held on April 4, 1996. The mailer included the issue of Mr. Gardner's receipl of approximately
one million dollars during 1995. At the conclusion of the hearing. I had raised with the Court
the need to apponion the fees of Dr. Schneider in the pending custody action. The Coun had
requested that the custody prehearing order be submilled in blank and, upon consideration of Ihe
information provided al that hearing, would make an assignment.
I respectfully requests Ihe Court's reconsideration of Ihe division of costs based upon the
facts of record deduced at the suppon hearing on April 4.} 996, Thilnk you for your
consideration of this maller, /
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Ve~ruly YOU,', /
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BSS/se (d)
Enclosure
cc: James Flowers. Esquire
Mary Jane Miller
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Barbara Sumple-Sullivan
3. l1.m. ,..olv.d by Igr..ment: The partl.. Igree to .ubmlt the ca.e to a
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cu.tody .v.lu.tor.
4. I..uea yet to be re.olved: An final custody order.
5. The Plaintiff's position on custody is as follows: Plaintiff believes that
the child Ihould remain in her custody primarily and that the child not be permitted
to be with his Father In Hawaii until such time as she feels comfortable that Father
has suitable living arrangements for the child and that he is sound mentally.
Mother suggested that the Father has some mental instability and that he has had
psychiatric intervention in the past and she is concerned for the welfare of her child
if the child goes to Hawaii. Assuming that those issues ara resolved, the Mother
will agree to some blocks of time with the Father during the summer months when
the child Is not in school.
6, The Defendant's position on custody is as follows: The Defendant
relocated to Hawaii. He effectively left sometime in November, 1995, He believes
that he Ihould be the primary custodial parent of the child.
7. Need for separate counsel to represent child: Neither party requested and
the Conciliator does not believe any is necessary.
8. Need for independent psychological evaluation or counseling: See
attached Order.
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9. Other matter. and comment.: Thi. I. a relocation elSe, In addition,
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Mother has rel.ed .ome I..uel.s to the Father'. mental 8tability. The partie. did
agree to go to Stanley E. Schneider, Ed,D.. for a complete evaluation. Once the
evaluation Is completed It Is hoped that the parties can reach an overall re.olution.
Date: 8 April 1996
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Custody Conciliator
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MARY JANE MILLER,
plaint i ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
96-0265 CIVIL TERM
DAVID A, GARDNER,
Defendant
CUSTODY
IN RE: PETITION FOR PARTIAL CUSTODY
BEFORE SHEELY, P.J.
ORDER
AND NOW, this 12th day of July, 1996, it is hereby ordered
and directed that Mary Jane Miller shall have primary physical
custody of her son, Jacob Gardner. Ms, Miller and David Gardner
shall have shared legal custody of Jacob, With regard to periods
of partial custody, we will allow Mr. Gardner to take Jacob to
Bethany Beach, Delaware, for the week of July 13 - 20, 1996.
Furthermore, we will allow Jacob to visit his father in Hawaii
from July 29 until August 21, 1996, Travel expenses for Jacob's
trip to Hawaii shall be paid by Mr. Gardner, At all times that
Jacob is in the custody of Mr. Gardner, he shall be given his ADD
medication as prescribed by his physician.
By the Court,
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Harold E, Sheely, P,J.
Barbara Sumple-Sullivan, Esquire '
For the Plaintiff 'II).' 'i(,_) J/,..17 1""'( C,/,,/
James D. Flower, Jr., Esquire 1 JJ '1" )- 5 (; '"l7 .,/..."" Co".,
For the Defendant r~ r,
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MARY JANE MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
96-0265 CIVIL TERM
DAVID A, GARDNER,
Defendant
CUSTODY
IN RE: PETITION FOR PARTIAL CUSTODY
BEFORE SHEELY. P.J.
OPINION AND ORDER OF COURT
Before the court is the petition of David Gardner for
partial custody of his son, Jacob Gardner, born April 6, 1987.
Jacob currently lives with his mother, Mary Jane Miller, in
Carlisle, David Gardner is a resident of Hawaii. We held a
hearing on the petition on July 11, 1996.
In his petition, Mr, Gardner seeks partial custody of Jacob
for the week of July 13 - 20, which he plans to spend in Bethany
Beach, Delaware. He also seeks a period of partial custody
beginning on July 29 and ending in late August so that Jacob may
accompany him to Hawaii.
Mr. Gardner testified at the hearing that he wishes Ms.
Miller to have primary custody of Jacob. He stated that he does
wish to work out perioda of partial custody involving Jacob's
summer and Christmas vacations. Ms, Miller is concerned about
Jacob visiting his father in Hawaii because she does not know
anything about Mr. Gardner's live-in girlfriend. She is also
concerned about Jacob spending a long period away from home, and
,
96-0265 CIVIL TERM
worried that he will not be given his ADD medication by his
father.
Based on the testimony at the hearing, we believe that it is
in Jacob's best interests to visit with his father. We are
satisfied that Mr. Gardner is well-equipped to care Eor Jacob.
We understand Ms, Miller's concerns regarding Mr. Gardner's
girlfriend, However, Mr. Gardner testified that his girlfriend's
daughters stay with her often, and that she handles them very
well. Fin~lly, we agree with Ms. Miller that Jacob must be given
his medication, and we will include such a directive in the
following order. With regard to holidays and future summers, we
ask the parties to attempt to work out an agreement after the
periods of partial custody this summer. Counsel shall notify the
Court by October 1, 1996, if they cannot reach an agreement and
we will then enter an order.
ORDER
AND NOW, this 12th day of July, 1996, it is hereby ordered
and directed that Mary Jane Miller shall have primary physical
custody of her son, Jacob Gardner. Ms. Miller and David Gardner
shall have shared legal custody of Jacob, With regard to periods
of partial custody, we will allow Mr. Gardner to take Jacob to
Bethany Beach, Delaware, for the week of July 13 - 20, 1996.
Furthermore, we will allow Jacob to visit his father in Hawaii
from July 29 until August 21, 1996. Travel expenses for Jacob's
trip to Hawaii shall be paid by Mr. Gardner, At all times that
2
96-0265 CIVIL TERM
Jacob is in the custody of Mr, Gardner, he shall be given his ADD
medication as prescribed by his physician,
By t e Court, ,I
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Harold E. Sheely, P.J.
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AND NOW this
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day of
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, 1996, having not heard
MARY JANE MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 96-265 CIVIL TERM
DAVID A. GARDNER,
Defendant
CUSTODY
ORDER OF COURT
from the parties for some time, the undersigned Conciliator assumes the matter has
been resolved and hereby relinquishes jurisdiction of the case. If either of the
parties wishes further proceedings in this action. they should petition the Court
anew.
FOR THE COURT,
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MICHAEL L. BANGS
Custody Concili~tor
cc: Barbara Sumple-Sullivan. Esquire
James D. Flower, Jr" Esquire
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MARY JANE MILLER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96.265 CIVIL TERM
vs.
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DAVID A, GARDNER,
Defendant.
CUSTODY
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Of CONTEMPT ORDER
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AND NOW, comes Defendant through his Attorneys, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, and makes the following motion for reconsideration:
1, Pursuant to a Petition for Contempt filed by Plaintiff, an Order was entered
on October 7,1996, by the Honorable Harold E. Sheely, President Judge, scheduling a contempt
petition for November 7, 1996.
2. The Court found Defendant to be in contempt for willful failure to pay child
support, citing an increased arrearage in the approximate amount of $600,00, from January of
1996, through October of 1996, and Defendant's ability to pay based upon the assets disclosed
at the support hearing.
3. Defendant believes that the Court was inadvertently left with the impression
that an additional $600.00 arrearage had accumulated during 1996, prior to the October 1, 1996,
II Order taking effect. which Order provided that as of October 1, 1996, Defendant's support
II obligation was set at $1,138.90 per month,
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Y.EBJ.El.CAIlON
The undersigned, JAMES 0, FLOWER, JR., avers that the facts set forth in Petition
For Reconsideration of the Contempt Order, based upon information and belief, were developed
from conversations with Defendant and information gained in the investigation of this file, and
this verification is made by counsel for the reason that Defendant is outside of the jurisdiction
of the Court, and that his verification could not be obtained within the time needed for the filing
of this pleading, and this verification is made subject to the penalties of 18 Pa. C.S. Section 4904, '
relating to unsworn falsification to authorities.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for the Defendant
Date: November 15, 1996
By
,
mas D. Flower, Jr.,
1 East High Street
Carlisle, PA 17013
(717) 243-5513
1.0. #27742
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MARY JANE MillER,
Plaintiff.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
'IS,
NO, 9fi-265 CIVIL TERM
DAVID A. GARDNER,
Dofendant.
CUSTODY
D.Y..QBQ.EB
AND NOW come!! Defendant. DAVID A. GARDNER. through his attorneys.
FLOWER. MORGENTHAL. FLOWER & LINDSAY, and avers th<3 following:
1. Plaintiff is MARY JANE MILLER. an adult indiviJual, residing at 1022
Northfield Drive. Carlisle. Cumberland County. Pennsylvania.
2. Defendant is DAVID A, GARDNER. an adult individual. residing at 1102
Apono Place. Hila. Hawaii 96720,
3, Plaintiff and Defendant are the parents of one child. JACOB ANDREW
GARDNER. born April 6. 1987. presently 11 years old.
4. The most recent custody Order was that issued by the Honorable Harold
E. Sheely, on July 12.1996. granting shared legal custody of JACOB to the parties, with
primary physical custody to the Plaintifi. Said Order specifically pertained to partial custody
of Defendant during 1996. A copy of said Order. and a.:companying Opinion is attached
hereto as Exhibit" A" .
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~CAIION
I, DAVID A. GARDNER, Defendant in the within captioned action, hare by verify
that the statements made in the within instrument arc true and correct to the best of my
knowledge, information and belief. 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.
J)~GL C~Aa~
David A, Gardner
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prior to the child's return to school. This alternating Christmas schedule
shull commencc with the Christmas of 1999.
C. Father shull provide the transportation lor thc minor child to
and from his homc in Hawaii and shall furthcr take the steps necessary to
ensure thatthc child is supervised by thc i1ppropriatc airlinc pcrsonnel
and bear all costs for th.u service, if any.
4, Father shall have additionul reasonable visitation when he is in
Pennsylvania as agreed upon by the parties,
5. Thc parties shall havc reasonable telephone access when the child is in
the othcr parent's custodial care. For purposes of this Order, reasonable telephone
access will be de tined when the child is in Father's care such that Jacob shull have
a minimum of two phone calis per weck with his Mother. Father shall ensure that
Jaeob shall make those phone calls to his Mother.
6. When Jacob is in the custody of his Father, he shall bc given his ADD
mcdication as prcscribcd by his physician.
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Barbara Sumplc-Sullivan, Esquirc
James D. Flower, Jr.. Esquire -
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7. Need for seplltate counsel to represent child(ren): Neither party requested.
8. Need for indepcndent psychological evaluation or counseling: None requested nnd the
Conciliator does not believe nny is necessary.
Date: September 29, 1998
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Michael L. Bnngs
Custody Conciliator
NOW THEREFORE, the parties do agree to modii)' paragraph 3C of the Order dated
October 5, 1998 to add the following:
3C Father shall purchase Jacob's airline ticket and provide Mother confirmation of
Jacob's travel arrangements (ie, flight numbers, departure/arrival information) ninety
(90) days prior to Father's periods of custody with Jacob,
All other provisions of the Order dated October 5, 1998 are reaffirmed, A copy of said Order is
allached hereto and marked as Exhibit "A",
The panies hereto acknowledge and agree that this Stipulation shall be entered as an Order
of Court.
IN WITNESS WHEREOF, the parties, through their counsel, intending to be legally bound,
have signed, sealed and acknowledged this Stipulation.
SIGNED, SEALED and DELIVERED
in the pre e of or ATTESTED by
AN, ESQUIRE
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I.AW OffiCES
BARBAHA SU~II'LE-SULLIVAN
n.lu UHIIlCjH ~THl!lrr
NtiW GUr-IUf.H.I.A..'lU, PI':SS~Yl.V.\.~I^ '7070"1901
PI1UNt: (717) 71.'-1 ..."
p.\."( (7'7) 17.'''7U;\''
November 16, 1998
The Honorable Edgar B, Bayley
Cumberland County Counhouse
1 Courthouse Square
Carlisle, PA 17013
Re: Miller v. Garner
No. 96-265 Civil Term
Dear Judge Bayley:
Enclosed for your review and signature is a Stipulation of the panies to amend an existing
Order, The present Order was entered after stipulation of the panies at the custody conciliation;
however, one condition had been inadvertently omilled from the Order upon transcription,
I am enclosing envelopes addressed to counsel for return of the executed Orders, Thank you
for your anticipated cooperation in this regard,
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Veryt
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BSS/wlb
Enclosures
cc: James 0, Flower, Jr,. Esquire
Mary Jane Miller
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.....()'WE H. "'I.()WI~ If I/< LI N UH.\ Y
A PRlWb~ll ):S.\1. n If(l'\.. )R.\ nON
11 E,\Sr Ill< a I STREET
C:\RI.JSI.E. PENN~Yl \/.\:'-01.-\ I:'~I ).\Clo
J.\MES D fLOWER
JhMES D, fLOWER, JR,
ChROL J, LlNDSh Y
(711) "Hll1J
fhX, (711) 2H6ll0
ffL~J.'om
April 13, 1999
The Honorable George E. Hoffer
Cumberland County Court House
Ontl Courthouse Square
Carlisle, PA 17013
" ,,' RE: MI(l~ v. GARDNER
CiO~'265 CIV~.J. C~MBERLAND COUNTY " .
Dear Judge Hoffer:-".' ,<;:::JI.{;t,,;<:.,L jCl~<...(!tl ~.~ C,--
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This letter will confirm that the hearing scheduled on the above referenced support
matter for June 7'" at 9:30 a.m., has been rescheduled for June 9'" at 1 :30 p.m. The
rescheduling of this hearing has also been approved by Barbara Sumple-Sullivan.
counsel for the Plaintiff.
Very truly yours,
FLOWER, FLOWER & LINDSAY
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Enclosure
cc: Barbara Sumple-Sullivan, Esquire
Mr, David A. Gardner
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Ja.me D. Flower, Jr,
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