HomeMy WebLinkAbout00-01400
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JAMES M. MINDER,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 00-1400 CML TERM
MARGARET MARY
KORFF MINDER,
Defendant,
CML ACTION - LAW
CUSTODY
PLAINTIFF'S PRE-TRIAL MEMORANDUM
AND NOW, comes the Plaintiff, James M. Minder, by and through his attorney,
Diane S. Baker, Esquire, and files his Pre-Trial Memorandum as follows:
1. Statement of Facts. This action pertains to custody of the minor child Sara Beth
Minder, born October 27, 1983, age 17. The parties, James Minder and Margaret
Minder, separated in March, 2000, when Defendant moved with the child to Beaver
County, Pennsylvania. Plaintiff immediately filed a custody action contesting the move
and an order was entered, dated May 15, 2000, granting him shared legal and partial
physical custody to include the majority of the summer and school vacation times. Since
the entry of that order, Plaintiff has had to file two contempt actions because of missed
visits and Defendant's refusal to provide Plaintiff with information about the child's
medical care or education.
The issues before the court include the current custody schedule, primarily
Plaintiffs request that the child spend the sunnner of 2001 with him. Also before the
court is the issue of contempt for missed visits, and Defendant's failure to provide
Plaintiff with copies of report cards, medical records, and in general the Defendant's
concerted effort to alienate the child from her father.
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2.
Summary of Witnesses.
Plaintiff will testify on his own behalf concerning
the matters raised in the contempt petitions filed on or about September 8, 2000, and
December 26,2000. In general, it will be Plaintiffs testimony that Defendant has caused
visits between Plaintiff and the child to be missed and also Defendant has refused to
include Plaintiff in any legal custody decisions affecting the child. Plaintiff has not been
provided with medical records or school records, despite numerous requests and an
Order, dated October 16, 2000, specifically directing that medical records and report
cards be provided to Plaintiff. Plaintiff will also offer testimony about the costs he has
incurred as a result of Defendant's contemptuous behavior including unused train tickets,
lost wages and attorney's fees.
3. Conclusion. Plaintiff respectfully requests that this Honorable Court issue an
order directing that the minor child spend the summer of 2001 with him and that
Defendant be found in contempt and directed to pay Plaintiffs costs and attorney's fees.
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! _Diane S. Baker, Esquire
. Attorney for Plaintiff
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
717-671-9600
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CERTIFICATE OF SERVICE
I hereby certify that on this 6th day of April, 2001, a true and correct copy of the
foregoing document was served on the following person by United States Mail, postage
prepaid, addressed as follows:
Cindy L. Koser, Esquire
4810 Derry Street
Harrisburg, P A 17111
Respectfully submitted,
e S. Baker, Esquire
Supreme Court ill 53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17114-0443
(717) 671-9600
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House Rules for Sara while visiting Dad
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1. No long distance phone calls are to be made without Dad's permission.
Consequence: Phone privileges will be suspended on the next visit. Long distance
collect calls are permitted if they do not interfere with our time together.
2. Curfew is at 11:00 PM every night. You must be in the house by 11:00.
Consequence: Must remain in the house for one day, with no visitors or phone
privileges. (Grounding)
3. Friends can sleep over if Dad is asked, if Dad agrees and knows 1 day in
advance.
4. Friends are to leave the house by 11 :00 PM every night.
5. You must clean up after yourself in the kitchen, including pots, pans, dishes, and
countertops.
Consequence: Must remain in the house with no visitors or phone privileges until the
job is done.
6. You must speak to and treat your father with dignity, love and respect, at all
times, whether you are staying with him or not.
Consequence: Must go to your room until calmed down. May.not leave the house, or
have visitors or have phone privileges for one day or until Dad deems it appropriate.
There may be other punishment in addition tov grounding.
PLAINTIFPS
EXHIBIT
11,/
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JAMES M. MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-1400 CIVIL TERM
CIVIL ACTION - LAW
MARGARET MARY KORFF
MINDER,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 2.[ ~t day of June, 2001, upon consideration of Plaintiff's Petition
for Contempt, and of the issue of a schedule for physical custody of the parties' younger child,
Sara Beth Minder (d.o.b. October 27,1983) to supplement that provided by the order of court
dated October 16, 2000, it is ordered and directed as follows:
I. The Court finds that Defendant has intentionally, voluntarily and wilfully
failed to comply with the terms of the order of court heretofore entered, and
she is consequently adjudicated in contempt. Defendant is sanctioned to pay
attorney's fees to Plaintiff in the amount of $400.00, and to pay to the prothonotary
the sum of$100.00. Any future act of contempt will be sanctioned more
severely.
2. Plaintiffs periods of partial or temporary physical custody
hereafter shall be as follows:
a. From Saturday, July 7, 2001, at 3:00 p.m. until
Saturday, July 28, 2001, at 3:00 p.m.
b. On the Labor Day weekend, from Saturday,
September 1, 2001, at 3:00 p.m. until Monday,
September 3,2001, at 3:00 p.m.
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c. On the Columbus Day weekend, from Saturday,
October 6, 2001, at 3:00 p.m. until Monday, October 8,2001,
at 3 :00 p.m.
3. Exchanges of custody shall take place at Plaintiff s residence, and
responsibility for, and the expense of, transportation ofthe child to and from the place of
exchange shall be that of Defendant.
4. Neither party shall facilitate, accommodate or tolerate an abridgement of
the other's custodial rights, except by mutual agreement in writing.
5. Except as by implication modified herein, the terms of the order of
court dated October 16, 200 I, shall remain in full force and effect.
Diane Baker, Esquire
27 South Arlene Street
P. O. Box 6443
Harrisburg, P A 17112
For the Plaintiff
Cindy L. Koser, Esquire
4810 Derry Street
Harrisburg, P A 17111
For the Defendant
Adrienne Johnson, Esquire
453 Buffalo Street
Beaver, PA 15009-2003
For the Child
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BY THE COURT,
CbFI'w m~lu-l ~/;).VOI
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.FR(~ : Cind~ L. Koser, Esquire
PHONE NO. 7175645158
Jun. 12 2001 04:42AM P2
JAMES M. MINDER,
Plaintiff
VS.
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
MARGARET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER
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,6ND NOW, this w}/L.. day of ~ ' 2001, upon
consideration of the foregoing 1;\1li:iched Petition, a hearing in the above captioned
ml!ttAr l'lcheduled for June 14, 2001 at 9:30 AM is continued. The matter is
rescheduled for ~ d/{OJ ,2001 at I! 3D ~
The terms and conditions set forth in the order of February 13, 2001, apply to the
hearing set forth herein.
BY THE COURT:
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FR~ Cind~ L. Koser, Esquire
PHONE NO. 7175645158
Jun. 12 2001 04:42AM P3
JAMES M. MINDER,
Plaintiff
vs.
IN THE COURT OF r.OMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
CIVIL ACTION - tAW
IN CUSTODY
MARGARET MARY MINDER,
Defendant
PETITION FOR CONTINUANCE
AND NOW, comes the Petitioner, Cindy L Koser, Esquire, and respectfully
represents the following:
1. Plaintiff, .JRmAR M Minder, is represented by Dioane S. Baker, Esquir~.
2. Defendant, Margaret Mary Minder, is represented by Petitioner. Cindy L KosAr,
Esquire.
3. The child IS Independently represented by Adrienne Johnson, Esquire.
4. A hearing in the instant action ili liet for June 'J4, 2001 at 9:30 AM.
5. Petitioner is entering the hospital on June 12, 2001 and expects to be
hospitalized for several days with discharge anticipated no earlier than June 15,
200'1.
6. Attorney Koser has communicated with both AllUlIIl:!Y Baker and Attorney
Johnson and each concurs in this request for continuance.
7. Because summer visitation is an issue in this case, the parties would like to
reschedule thilli matter at the earliest convenience of the court and counsel.
WHEREFORE, Petitioner requests that this (Ionorable Court conlillul:! this matter to
and reschedule the hearing at the earliest appropriate date.
RESPECTFULLY SUBMITTED:
tl a I
Cindy L K.
Attorney I. o. 75899
4810 DArry Street
Harrisburg, PA 17111
PHONE (717) 564-1084
FAX (717) 564-5158
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FROM Cind~ L. Koser, Esquire
PHONE NO. 7175645158
Jun. 12 2001 04:43AM P4
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
.that false statements made herein are made subject to the penalties of 18 Pa.C.S. ~904
relating tn un!';worn falsification to authorities.
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FRGM Cind~ L. Koser, Esquire
PHONE NO. 7175645158
Jun. 12 2001 04:43AM P5
JAMES M. MINDER,
PlaillliIT
V$.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
CIVIL ACTION -LAW
IN cus" OUY
MARGARET MARY MINDER,
Defendant
Clm'rJ:FJ:CA'rE 01' SERVJ:CE
I hereby certify that on this day I served a true and
correct copy of the foregoing Petition in the above-<.:<if.'l.luned
action by depositing the same in T.hA IT.!';. Mail, first class
postage pre-paid, addressed to the following persons:
Diane Sommers Baker, Esquire
P.O.Rox 6443
27 S. Arlene St.
Harrisburg, PA 17112-0443
Adrienne Johnson, Esquire
453 Buffalo St.
Beaver, PA 1500Q-?On3
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Date
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. Koser, Esquire
c ID #75099
4810 erry Street
H<iL',['lsburg, l?A 17111
Telephone {717} 564-1084
FAX (717) 564-5158
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Subj: Fw:
Date: 11/9/007:17:15 AM Eastem Standard lime
From: Minderr@paonline.com (Minderr)
To: DSBAKERLAW@aol.com
- Ori9inal Message -
From: pegmin
To: Minderr
Sent: Monday, October 23, 2000 8:46 PM
Subject: Re:
Jim,
I am writing to you, to request your consent for Sara's therapy session with Kathleen Cloonan. You can giw your consent
by signing the bottom of the form. Please send the form to me for wrification.
Peggy
- Original Message -
From: Minderr
To: pegmin@bellatlantic.net
Sent: Tuesday, October 17,20007:35 PM
Peg,
I am writing to you to haw Sara's appointment with the therapist postponed until I can be inwlwd in the decision for her
treatment as stated in the court order. I would remind you that I haw joint custody of Sara and I have an equal right to be
exercised jointly with you to make decisions regarding Sara's health. I consider this to be a major decision. Furthermore, an
appointment was set without im.ollling me although I specifically told you I wanted to be inwlwd in the decision when you
picked up Sara on October 9, 2000.
I consider your making an appointment without my inwlwment disregard for the court order. If you do not postpone the
meeting until I am inwlwd in the decision, then I will consider that also disregard for the court order.
Jim Minder
October 17, 2000, 7:19 PM
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
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<DIV> </DIV>
<DIV style="FONT: 10pt arial">- Original Message-
<DIV style="BACKGROUND: #e4e4e4; font-color: black">From: peqmin
</DIV>
<DIV> To: Minderr </DIV>
<DIV>Sent: Monday, October 23, 20008:46 PM</DIV>
<DIV>Subject: Re: </DIV></DIV>
<DIV>
</DIV><DIV>Jim,</DIV><DIV> </DIV><DIV> I am writing to you, to request your consent for Sara's therapy
session with Kathleen Cloonan. You can giw your consent by signing the bottom of the form. Please send the form to
PLAINTIFPS
EXHIBIT
Thursday, November 09, 2000 America Online: DSBAKERlAW
Page: 1
-
Attorney billings- custody/contempt related thru June 9, 2001
September, 2000
November, 2000
December, 2000
January, 2001
February, 2001
March,200l
April,200l
May,200l
June,2001
Total thru June 9, 2001
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256.50
108.00
135.00
216.00
364.50
256.50
283.50
27.00
108.00
1755.00
PLAINTlFPS
EXHIBIT
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Diane Baker, Esquire
Post Office Box 6443
Harrisburg PA 17112
James Minder
713 Harding Street
New Cumberland PA 17070
September 8, 2000
Professional services
J 8/14/00
Hours
Amount
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Discussion with client re: custody
status
0.20
27.00
9/2/00 Discussion with client re: contempt,
prepare petition
1. 50
202.50
9/6/00 Discussion with client re: petition
for contempt
0.20
27.00
For professional services rendered
1. 90
$256.50
Previous balance
$240.28
8/22/00 Payment - thank you
9/1/00 Payment - thank you
($550.00)
($500.00)
Total payments
($1,050.00)
.Balance due
($553.22)
You have a credit balance.
No payment is due at this time.
This account is past due. Payment is due upon receipt.
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Diane Baker, Esquire
Post Office Box 6443
Harrisburg PA 17112
James Minder
713 Harding Street
New Cumberland PA 17070
November 4, 2000
Professional services
) 10/18/00 Review order, discuss with client
J
Hours
Amount
0.20
27.00
10/31/00 Correspond with client via e-mail
0.20
27.00
J 11/3/00 Correspond with client via e-mail,
dictate letter to opposing counsel
0.40
54.00
For professional services rendered
0.80
$108.00
($107.72)
Previous balance
Balance due
$0.28
Payment is due 20 days from the date of this invoice. Partial
payments are accepted. There is a $10 rebilling/late fee on
accounts where no payment is made during the billing cycle
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Diane Baker, Esquire
Post Office Box 6443
Harrisburg PA 17112
James Minder
713 Harding Street
New Cumberland PA 17070
December 7, 2000
Professional services
j
11/7/00 Review correspondence and forward to
j client
( 11/15/00 Conference with client, dictate and
review letter
Hours
Amount
0.20
27.00
0.80
108.00
For professional services rendered
1. 00
$135.00
Previous balance
$0.28
Balance due
$135.28
Payment is due 20 days from the date of this invoice. Partial
payments are accepted. There is a $10 rebilling/late fee on
accounts where no payment is made during the billing cycle
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Diane Baker, Esquire
Post Office Box 6443
Harrisburg PA 17112
James Minder
713 Harding Street
New Cumberland PA 17070
January 6, 2001
Professional services
/ 12/7/00 Discussion with client Dr. Cheek
records
/
12/12/00 Discussion with opposing counsel
/ 12/18/00 Correspond with client via e-mail
j 12/19/00 Prepare contempt petition
12/28/00 Discussion with client re: personal
property
1/2/01 Correspond with client via e-mail
1/4/01 Conference with client
For professional services rendered
Additional charges:
1/6/01 Bank check charge
Total costs
Total amount of this bill
Previous balance
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Hours Amount
0.20 27.00
0.20 27.00
0.20 27.00
1. 00 135.00
0.20 27.00
0.20 27.00
1. 50 202.50
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3.50 $472.50
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7.00
$7.00
$479.50
$135.28
James Minder
Page
2
Amount
12/27/00 Payment - thank you
($500.00)
Balance due
$114.78
Payment is
accepted.
payment is
due on or before February 1, 2001. Partial payments are
There is a $10 rebilling/late fee on accounts where no
made during the billing cycle
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Diane Baker, Esquire
Post Office Box 6443
Harrisburg PA 17112
James Minder
713 narding Street
New Cumberland PA 17070
February 8, 2001
Professional services
Hours Amount
0.20 27.00
2.50 337.50
0.20 27.00
2.90 $391.50
$114.78
($500.00)
$6.28
1/8/01 Discussion with client Attny Van Eck
J 2/7/01 Travel and attend hearing
J Discussion with Dawn Sunday
For professional services rendered
Previous balance
1/26/01 Payment - thank you
Balance due
Payment is
accepted.
on account
due on or before March 1, 2001. Partial payments are
There is a $10 rebilling/late fee if no payment is made
during the billing period.
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Diane Baker, Esquire
Post Office Box 6443
Harrisburg PA 17112
James Minder
713 Harding Street
New Cumberland PA 17070
>larch 9, 2001
Professional services
)
2/8/01 Discussion with client Attny Johnson
/
2/l2/01 Correspond with client via e-mail
) 2/14/01 Review correspondence and forward to
client
J 2/15/01 Review conciliator's report and
I forward to client
2/16/01 Correspond with client via e-mail,
discussion with client
I 2/20/01 Discussion with client
i 2/26/01 Discussions with client and Attny
i Johnson
I 3/6/01 Correspond with client via e-mail
For professional services rendered
Interest on overdue balance
Total amount of this bill
Previous balance
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Hours Amount
0.20 27.00
0.20 27.00
0.20 27.00
0.20 27.00
0.30 40.50
0.20 27.00
0.40 54.00
0.20 27.00
1. 90 $256.50
$0.09
$256.59
$ 6.28
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Page
2
.James ~Jli~der
Amount
$262.87
Balance due
paymenc is due on or before April 1, 2001. Interest is charged at
che race of 18% per annum on all past due balances. There is also
a $10 rebilling/late fee if no payment is made on account during
the billing period.
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Post Office Box 6443
Harrisburg PA 17112
James Minder
713 Harding Street
New Cumberland PA 17070
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April 7, 2001
Professional services
{ 3/12/01 Discussion with client
\
3/22/01 Discussion with client
\ 4/3/01 Discussion with Adrienne Johnson,
Esquire
\ 4/5/01 Review file, dictate pretrial statement.
For professional services rendered
Interest on overdue balance
Total amount of this bill
Previous balance
Balance due
Payment is due by May 1, 2001.
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Hours Amount
0.20 27.00
0.20 27.00
0.20 27.00
1. 50 202.50
2.10 $283.50
$3.76
$287.26
$262.87
$550.13
Jiane Baker, Esquire
POSe Office Box 6443
Harrisburg PA 17112
:ames '.1inder
-13 ~arding Street
New Cumberland PA 17070
May 7, 2001
Professional services
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Hours
Amount
Discussion with client
0.20
27.00
For professional services rendered
0.20
$27.00
Previous balance
$550.13
Balance due
($550.001
$27.13
4/26/01 Payment - thank you
Paymene is due by June 1, 2001. There is a $10 rebilling/late
paymene fee if no payment is received on account by the due date.
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Jiane Baker, Esquire
Post Office Box 6443
Harrisburg PA 17112
James Minder
713 Harding Street
clew Cumberland PA 17070
June 9, 2001
Professional services
5/21/01 Discussion with client, dictate letter
to opposing counsel
6/5/01 Review correspondence and forward to
client, dictate letter
For professional services rendered
Interest on overdue balance
Total amount of this bill
Previous balance
Balance due
Hours
0.50
0.30
0.80
Amount
67.50
40.50
$108.00
$0.44
$108.44
$27.13
$135.57
Payment is due by July 1, 2001. There is a $10 rebilling/late
payment fee if no payment is received on accoun~ by the due date.
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Un-reimbursed Trips
Labor Day
Christmas
Martin Luther King
President's Day
March Make Up
Easter
Memorial Day
$104.00
$104.00
$76.00
$82.00
$0.00
$82.00
0.00
Not Reimbursed - No show
Not Reimbursed
Not Reimbursed
Not Reimbursed - No show
100% Peg Makeup No Show
$50 reimbursed
No Show
Total
$448.00
50.00
$398.00
Total
Less $50.00
Lost Wages
October 2000
February 2001
June 2001
3.0 hrs
3.0 hrs
8.0 hrs
Total hours for contempt
14.0 @22.23/hr= $311.22
Missed Parent teacher Conf.
Last years report card refused
Not informed of course scheduling (f<;.~ !fI.1.O--1.- e?l)
Late on school calendar
. t~
Late on ~. -.1 ~~m~ter report card
Never received ~ report card
Fourth one dw:, I
R. c.'" 6 ~ ra..
PLAINTIFPS
EXHIBIT
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FROM : BERVER VRLLEY LRBOR NEWS
PHONE NO, : 724 775 9733
Oct. 03 2000 11: 01RM P4
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DEFENDANT'S
EXHIBIT
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JAMES M, MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
No, 00-1400 CIVIL TERM
MARGARET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER
.AND NOW, this I ~ II:: day of
'? ... l) t
, 2001, upon
consideration of the foregoing attached Petition, a hearing in the above captioned
matter scheduled for June 14, 2001 at 9:30 AM is continued, The matter is
rescheduled for , 2001 at AM/PM.
The terms and conditions set forth in the order of February 13, 2001, apply to the
hearing set forth herein,
BY THE COURT:
J,
'"
JAMES M, MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No, 00-1400 CIVIL TERM
MARGARET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR CONTINUANCE
AND NOW. comes the Petitioner, Cindy L. Koser, Esquire, and respectfully
represents the following:
1. Plaintiff, James M. Minder, is represented by Diane S, Baker, Esquire,
2. Defendant, Margaret Mary Minder. is represented by Petitioner, Cindy L Koser,
Esquire.
3. The child is independently represented by Adrienne Johnson, Esquire,
4, A hearing in the instant action is set for June 14, 2001 at 9:30 AM.
5, Petitioner is entering the hospital on June 12, 2001 and expects to be
hospitalized for several days with discharge anticipated no earlier than June 15,
2001.
6, Attorney Koser has communicated with both Attorney Baker and Attorney
Johnson and each concurs in this request for continuance,
7. Because summer visitation is an issue in this case, the parties would like to
reschedule this matter at the earliest convenience of the court and counsel.
WHEREFORE, Petitioner requests that this Honorable Court continue this matter to
and reschedule the hearing at the earliest appropriate date,
RESPECTFULLY SUBMITTED:
I'
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Oat
Cindy L. K
Attorney I o. 75899
4810 Derry Street
Harrisburg, PA 17111
PHONE (717) 564-1084
FAX (717) 564-5158
,-, ",.
-
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa,C.S. 94904
relating to unsworn falsification to authorities.
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JAMES M, MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
No, 00-1400 CIVIL TERM
MARGARET MARY MINDER.
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on this day I served a true and
correct copy of the foregoing Petition in the above-captioned
action by d~positing the same in the U.S. Mail, first class
postage pre-paid, addressed to the following persons:
Diane Sommer.s Baker, Esquire
P.O. Box 6443
27 S. Arlen~ St.
Harrisburg, PA 17112-0443
Adrienne Johnson, Esquire
453 Buffalo St.
Beaver, PA 15009-2003
fo~01
Date
/f~
. Koser, Esquire
e ID #75899
4810 erry Street
Harrisburg, PA 17111
Telephone (717) 564-1084
FAX (717) 564-5158
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JAMES M. MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 00-1400 CIVIL TERM
MARGARET MARY MINDER,
Defe:1dant
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this day of , 2001, upon
consideration of the foregoing attached Petition, a hearing in the above captioned
matter scheduled for June 14, 2001 at 9:30 AM is continued, The matter is
rescheduled for , 2001 at AM/PM.
The terms and conditions set forth in the order of February 13, 2001, apply to the
hearing 3et forth herein,
BY THE COURT:
J, Wesley Oler, Jr., Judge
~1
JAMES M. MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 00-1400 CIVIL TERM
MARGARET MARY MINDER,
Defendant
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AND NOW, comes the Petitioner, Cindy L, Koser, Esquire, and respec~ ~
represents the following: ~6 N..
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1. Plaintiff, James M, Minder, is represented by Diane S, Baker, Esquire,
2. Defendant, Margaret Mary Minder, is represented by Petitioner, Cindy L Koser,
Esquire.
3. The child is independently represented by Adrienne Johnson, Esquire.
4. A hearing in the instant action is set for June 14, 2001 at 9:30 AM.
5. Petitioner is entering the hospital on June 12, 2001 and expects to be
hospitalized for several days with discharge anticipated no earlier than June 15,
2001.
CIVIL ACTION - LAW
IN CUSTODY
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PETITION FOR CONTINUANCE
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6. Attorney Koser has communicated with both Attorney Baker and Attorney
Johnson and each concurs in this request for continuance,
7, Because summer visitation is an issue in this case, the parties would like to
reschedule this matter at the earliest convenience Of the court and counsel.
WHEREFORE, Petitioner requests that this Honorable Court continue this matter to
and reschedule the hearing at the earliest appropriate date,
RESPECTFULLY SUBMITTED:
\"
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Dat
Cindy L. K
Attorney I o. 75899
4810 Derry Street
Harrisburg, PA 17111
PHONE (717) 564-1084
FAX (717) 564-5158
I
.
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa,C,S. S4904
relating to unsworn falsification to authorities.
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JAMES M. MINDER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
MARGARET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on this day I served a true and
correct copy of the foregoing Petition in the above-captioned
action by depositing the same in the U.S. Mail, first class
postage pre-paid, addressed to the following persons:
Diane Sommers Baker, Esquire
P.O. Box 6443
27 S. Arlene St.
Harrisburg, PA 17112-0443
Adrienn€ JOhnson, Esquire
453 Buffalo St.
Beaver, PA 15009-2003
i
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Date
~~/z:~
Cindy y.) Koser, Esquire
Attozn~y ID #75899
4810 Derry Street
Harrisburg, PA 17111
Telephone (717) 564-1084
FAX (717) 564-5158
"-~
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,
, .
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
JAMES M, MINDER,
Plaintiff
MARGARET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this day of , 2001, upon
consideration of the foregoing attached Petition, a hearing in the above captioned
matter scheduled for June 14, 2001 at 9:30 AM is continued, The matter is
rescheduled for , 2001 at AM/PM,
The terms and conditions set forth in the order of February 13, 2001, apply to the
hearing set forth herein,
BY THE COURT:
J, Wesley Oler, Jr" Judge
. .
~- - "'
JAMES M, MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
vs.
MARGARET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
o S
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PETITION FOR CONTINUANCE 2e' W
CfJ.~-
AND NOW, comes the Petitioner, Cindy L, Koser, Esquire, and respec~1fy
represents the following: ~8
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1. Plaintiff, James M. Minder, is represented by Diane S. Baker, Esquire.
2. Defendant, Margaret Mary Minder, is represented by Petitioner, Cindy L Koser,
Esquire,
3. The child is independently represented by Adrienne Johnson, Esquire,
4. A hearing in the instant action is set for June 14, 2001 at 9:30 AM,
5. Petitioner is entering the hospital on June 12, 2001 and expects to be
hospitalized for several days with discharge anticipated no earlier than June 15,
2001.
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6, Attorney Koser has communicated with both Attorney Baker and Attorney
Johnson and each concurs in this request for continuance.
7, Because summer visitation is an issue in this case, the parties would like to
rdschedule this matter at the earliest convenience of the court and counsel.
WHEREFORE, Petitioner requests that this Honorable Court continue this matter to
and reschedule the hearing at the earliest appropriate date.
RESPECTFULLY SUBMITTED:
\'
(0 II 0 (
Dat
(!p
Cindy L. Ko
Attorney I o. 75899
4810 Derry Street
Harrisburg, PA 17111
PHONE (717) 564-1084
FAX (717) 564-5158
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VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa,C.S, ~4904
relating to unsworn falsification to authorities,
b/z/rJ I
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JAMES M. MINDER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
MARGARET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on this day I served a true and
correct copy of the foregoing Petition in the above-captioned
action by depositing the same in the U.S. Mail, first class
postage pre-paid, addressed to the following persons:
Diane Sommers Baker, Esquire
P.O. Box 6443
27 S. Arlene St.
Harrisburg, PA 17112-0443
Adrienne Johnson, Esquire
453 Buffalo St.
Beaver, PA 15009-2003
fc!0-1
Date
/~~
Cind~. Koser, Esquire
Atto ~ ID #75899
4810 erry Street
Harrisburg, PA 17111
Telephone (717) 564-1084
FAX (717) 564-5158
"
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vs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
JAMES M, MINDER,
Plaintiff
MARGA"ET MARY MINDER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this
day of
, 2001, upon
consideration of the foregoing attached Petition, a hearing in the above captioned
matter scheduled for June 14, 2001 at 9:30 AM is continued. The matter is
rescheduled for , 2001 at AM/PM,
De terms and conditions set forth in the order of February 13, 2001, apply to the
hearing set forth herein.
BY THE COURT:
J, Wesley Oler, Jr., Judge
I
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-1400 CIVIL TERM
JAMES M. MINDER,
Plaintiff
MARGARET MARY MINDER,
Defendant
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PETITION FOR CONTINUANCE ~e
AND NOW, comes the Petitioner, Cindy L. Koser, Esquire, and respect~'& ~
represents the following: ~8 ::ll:
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1. Plaintiff, James M. Minder, is represented by Diane S. Baker, Esquire,
2. Defendant, Margaret Mary Minder, is represented by Petitioner, Cindy L Koser,
Esquire.
3. The child is independently represented by Adrienne Johnson, Esquire,
4, A hearing in the instant action is set for June 14, 2001 at 9:30 AM.
5. Petitioner is entering the hospital on June 12, 2001 and expects to be
hospitalized for several days with discharge anticipated no earlier than June 15,
2001,
CIVIL ACTION - LAW
IN CUSTODY
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6. Ilttorney Koser has communicated with both Attorney Baker and Attorney
Johnson and each concurs in this request for continuance.
7, Because summer visitation is an issue in this case, the parties would like to
reschedule this matter at the earliest convenience of the court and counsel.
WHEREFORE, Petitioner requests that this Honorable Court continue this matter to
and reschedule the hearing at the earliest appropriate date.
RESPECTFULLY SUBMITTED:
('
l0 II d I
Oat
Cindy L. Ko
Attorney I 0, 75899
4810 Derry Street
Harrisburg, PA 17111
PHONE (717) 564-1084
FAX (717) 564-5158
l
_ ." ~1' _. ._
r_'F_
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa.C.S, S4904
relating to unsworn falsification to authorities,
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ATTORNEY AT LAW
POST OFFICE BOX 6443
27 SOUTH ARLENE STREET
HARRISBURG, PA 17112-0443
(717) 671-9600
FAX (717) 671-9601
DSBAKERLAW@aol,com
Apri16,2001
Cumberland County Prothonotary
Courthouse
One Courthouse Square
Carlisle, P A 17013
RE: Minder v, Minder
No, 00-1400 Civil
Dear Sir or Madam:
Enclosed please find Plaintiff s Pre-Trial Memorandum in the above matter.
Please file the original and forward to Judge 01er, Please also return the copy to me in
the enclosed self-addressed envelope, Thank you for your cooperation and if you have
any questions, please feel free to contact me.
DSB :jb
Cc: Cindy Koser, Esquire
James Minder
''0.
JAMES M. MINDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
MARGARET MARY
MINDER,
Defendant
NO. 00-1400 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of April, 2001, upon consideration of Defendant's
request for a continuance of the hearing scheduled for April 20, 2001, due to impending
surgery of her counsel, the request is granted and the hearing is rescheduled for Thursday,
June 14, 2001, at 9:30 a,m" in Courtroom No, 1, Cumberland County Courthouse,
Carlisle, Pennsylvania,
BY THE COURT,
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Diane S. Baker, Esq,
P,O, Box 6443
27 South Arlene Street
Harrisburg, PA 17112-0443
Attorney for Plaintiff
Cindy L. Koser, Esq,
4810 Derry Street
Harrisburg, P A 17111
Attorney forDefendant
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JAMES M. MINDER,
Plaintiff,
v.
MARGARET MARY
KORFF MINDER,
Defendant.
....
, ...
.
IN THE COURT OF COMMON FLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
No. 00-1400 Civil Term
Civil Action - Law
Praecipe for Appearance
To the Prothonotary:
Kindly enter my appearance in the above-captioned
action on behalf of the parties' min~hild, Sara Minder.
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rienne Joh
Pa.Id.No. 36241
q.
453 Buffalo Street
Beaver, FA 15009-2003
(724) 775-8535
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JAMES M. MINDER,
Plaintiff,
v.
MARGARET MARY
KORFF MINDER,
Defendant.
.
....
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
No. 00-1400 Civil Term
Civil Action - Law
Certificate of Service
I hereby certify that I served a true and correct copy
of the foregoing Praecipe for Appearance on the 31st of May
2001 by U.S. Mail, first class, postage prepaid, to the
following persons at the following addresses:
Cindy L. Koser, Esq.
4810 Derry Street
Harrisburg, PA 17111
Diane Sommers Baker
27 South Arlene Street
Harrisburg, PA 17112-0443
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JAMES M. MlNDER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 00-1400-CIVIL TERM
MARGARET MARY KORFF
MlNDER,
Defendant
: IN DIVORCE
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw the appearance of Patrick G. O'Connor, Esquire, on behalf of
the Plaintiff, JAMES M, MlNDER, in the above captioned action,
By
Patrick G, O'Connor, Esquire
3105 Old Gettysburg Road
Camp Hill, P A 17011
PRAECIPE FOR ENTRY OF APPEARANCE
PLEASE enter of the appearance of Diane S, Baker, Esquire, on behalf of the
Plaintiff, JAMES M. MlNDER, in the above-captioned action,
, e S. Bake Esquire
27 South Arlene Street
P,O. Box 6443
HalTisburg, PA 17112
(717) 671-9600
DATE:
S-j7- 00
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JAMES M. MINDER,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: NO. 00-1400 CIVIL TERM
:
MARGARET MARY KORFF MINDER,
Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
aIDER OF COURT
AND ISDi, this ts1l day of VV1z 1
consideration of the attached CUstody Conciliation
and directed as follows:
, 2000, upon
Report, it is ordered
1. The FatheJ:', James M. Minder, and the Mother, Margaret Mary Korff
Minder, shall have shared legal custody of Sara Beth Minder, born October
27, 1983. Each par:ent shall have an equal right, to be exercised jointly
with the other parent, to make all major non-emergency decisions affecting
the Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion.
2. The parties shall have physical custody of the Child in accordance
with the following schedule:
A. During the Summer 2000, the Father shall have custody of the
Child from Sunday, June 18 through Saturday, July 1, from
Sunday, July 9 through Saturday, July 29, and from Sunday,
August 6, through Saturday, August 19. The Mother shall have
custody of the Child during the Summer 2000 at all times not
otherwise specified for the Father under this provision. The
Father shall provide transportation for the exchanges of
custody on June 18 and July 1. Unless otherwise agreed
between the parties or the Father agrees to provide the
transportation, the parties shall make arrangements for the
Child to travel by train for the remaining exchanges of
custody during the Summer 2000. The Mother shall be
responsible to pay for the round trip train ticket for
exchanges in July and the Father shall be responsible to pay
for the round trip train ticket for the exchanges in August.
B. During the school year, the Father shall have custody of the
Child as follows:
Labor Day weekend from September 2 through September 4.
Columbus Day weekend from October 7 through October 9.
Thanksgiving break: from November 22 or 23 (depending on the
train schedule) through November 27.
--.
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FILED-OfFlCE
OF iHE PROTHONOTARY
00 MAY 16 Pt-\ 3: 12
CUIV18ERL!\HD COUNlY
PENNSYLVANIA
h
.
Christmas holiday break from December 26 through January 1.
Dr. Martin Luther King weekend (January).
President's Day weekend (February).
Easter school break (March or April).
Memorial Day weekend (May).
In 2000, the Father shall provide transportation for the Child to
and from the Mother's residence over the Memorial Day weekend. The exact
days (Friday evening or Saturday morning) and times for the foregoing
holiday periods of custody shall be arranged by agreement of the parties
based on the train schedule. In the event the parties are not able to
agree on exchange times, the pick up times shall be the train departure
time which is closest to 10:00 a.m. and the return time shall be the train
departure time which is closest to 7:00 p.m.
Each party shall be responsible to pay a portion of the Child's
train fare for exchanges of custody during the school year in proportion to
that party's income as allocated in percentage form in the Child Support
Order.
3. The parties agree that the Child shall participate in counseling
with the Father, with the counseling sessions to be scheduled during the
Father's periods of custody.
4. If the Child wants to go to church during the Father's periods of
custody, the Father shall provide transportation and ensure that the Child
is able to attend Mass.
5. Neither party shall do or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as, to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent. Each party shall ensure that third
parties comply with this provision as well during his or her periods of
custody.
6. This Order is entered pursuant to an agreement of the parties at a
CUstody conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
J.
cc: Diane S. Baker, Esquire - Counsel f Father
Cindy L. Koser, Esquire - Counsel for Mother
~~
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JAMES M. MINDER,
Petitioner
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:
vs.
: NO. 00-1400 CIVIL TERM
:
MARGARET MARY KORFF MINDER,
Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CCNCILIATIOO SUMMARY REPORT
IN ACOORDANCE WITH CUMBERLAND CXXlN'.lY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Sara Beth Minder
October 27, 1983
Mother
2. A Conciliation Conference was held on May 10, 2000, with the
following individuals in attendance: The Father, James M. Minder, with his
counsel, Diane S. Baker, Esquire, and the Mother, Margaret Mary Korff
Minder, with her counsel, Cindy L. Koser, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Pate
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CUstody Conciliator
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JAMES M. MINDER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. : NO. 00-1400 CIVIL TERM
:
MARGARET MARY KORFF MINDER, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
ORDER OF CXlURT
fl
AND lOI1, this \ S. day of
consideration of the attached Custody
and directed as follows:
FcL f"~
Conciliation eport,
, 2001, upon
it is ordered
A Hearing is scheduled in COurt Room # / , of the Cumberland
County Court House, on the ~ i1t day of ~ j.J , 2001, at
/: 30 o'clock, p.m., at which time testimony will be taken. For
.
purposes of the Hearing, the Father, James M. Minder, shall be deemed to be
the moving party and shall ~oceed initially with testimony. Counsel for
the parties shall file with the Court and opposing counsel a Memorandum
setting forth each party's position on custody, a list of witnesses who are
expected to testify at the Hearing, and a summary of the anticipated
testimony of each witness. These Memoranda shall be filed at least ten
(10) days prior to the Hearing date.
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JAMES M. MINDER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. : NO. 00-1400 CIVIL TERM
.
.
MARGARET MARY KORFF MINDER, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
PRIOO JUDGE: J. wesley Oler, Jr.
CUS'lOOY CO'iCILIATICfi SUMMARY REPCRT
IN ACXXIIDANCE WITH CUMBERLAND COONTY RULE OF CIVIl[, PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRE!ilTLY IN CUS'lOOY OF
Sara Beth Minder
October 27, 1983
Mother
2. A Conciliation Conference was held on February 7, 2001, with the
following individuals in attendance: The Father, James M. Minder, with his
counsel, Diane S. Baker, Esquire, and the Mother's counsel, Cindy L. Koser,
Esquire. The Mother, Margaret Mary Minder, who resides in Beaver,
Pennsylvania was not present at the time of the COnference at 9:30 a.m.
However, the Mother, the parties' daughter and an attorney who may enter
her appearance on the daughter's behalf in this matter, appeared at the
Conciliator's office at 1:00 on the day of the Conference, apparently due
to a miscommunication between the Mother's counsel, the Mother and the
Child'S counsel.
3. The Father filed this Petition for Contempt alleging that the
Mother had failed to provide information concerning the Child's diagnosis
and treatment from the Child's physician. The Father also raised the issue
of surrnner custody arrangements at the Conference noting that the prior
Order only provided arrangements for the surrnner of 2000. An agreement was
not reached at the Conference and it will be necessary to schedule a
Hearing in this matter.
4. The Father's position on custody is as follows: The Father stated
that the Mother failed to provide information pertaining to the 17 year old
Child's medical diagnosis and treatment from her current physician as
required by this Court's prior Order dated May 15, 2000. The Father does
not accept the Mother's assertion that the Child wishes to keep those
records confidential as they pertain to reproductive health. The Father
rejected, as a resolution of the contempt issue, the Conciliator's
recommendation of a modification to the Order which would require the
0__ ~_
, .
Mother to authorize the physician to release any records pertaining to the
Child to the extent permissible by law. Instead, the Father requests the
scheduling of a Hearing to address the recovery of expenses he has incurred
in his efforts to obtain the medical records. In addition, the Father
requests that a summer custody schedule be established for 2001 under which
either the parties would share custody on an alternating biweekly basis or
the Father would have custody of the Child for the entire summer to enable
the Child to maintain employment.
5. The Mother's position on custody is as follows: The Mother does
not believe she has violated the terms of this Court I s Order pertaining to
sharing medical information. According to the Mother, the daughter wishes
her medical records to remain private and argues that records with regard
to reproductive rights are confidential under federal statutes. with
respect to summer custody arrangements, the Mother's counsel proposed that
the arrangements be made between the Father and the Child as the Child will
be 18 years of age in October and should be able to determine where she
spends her summer. According to the Mother, the relationship between the
Child and the Father is extremely strained and difficult at this time and
the Child does not wish to live with the Father during the summer or for
any extended period. The Child may have separate counsel enter an
appearance on her behalf for the purpose of these proceedings.
6. The Conciliator recommends an Order in the form as attached
scheduling a Hearing. It is expected that the Hearing will require at
least one-half day and, if possible, should be scheduled in the afternoon
to accorrnnodate the Mother and Child's travel time from Beaver, PA. It is
anticipated that the Child will be represented by separate counsel at the
Hearing.
Date
~ ~ ;;'001
Da~
Custody Conciliator
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Petitioner
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
JAMES M. MINDER,
vs,
MARGARET MARY KORFF MINDER,
Respondent
CIVIL ACTION - LAW
NO. 0-0 _ / 'I (J1) ~ J Lv'-
ORDER OF COURT
AND NOW, 'OIl'"
2000, upon consideration of the attached petition,
it is hereby directed that the parties and their respective counsel appear before
~::" ~, Esquire, the conciliator, at 3CI W. \---\'c1\\'\' ~\, )
\-\:~\ (\'o~ ' Pennsylvania, on \rJe6 the ~day of ~\ ' 2000,
at \ \ '. (j() o'clockO. ,m" 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. Either
party may bring the child who is the subject ofthis custody action to the conference, but the
child's attendance is not mandatory. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order,
FOR THE COURT,
By ~(\hN\.sAl~\~~~I%
Custody Conciliator l i)~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
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Petitioner
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
JAMES M. MINDER,
vs,
MARGARET MARY KORFF MINDER,
Respondent
CIVIL ACTION - LAW
NO, ()1J - 1'f(Jl) CluJ l.e-..
CUSTODY PETITION
AND NOW, Petitioner, James M. Minder, by and through his attorney, Q, Patrick
O'Connor, Esquire, files a Petition For Custody of which the following is a statement:
1, Peititioner is James M, Minder, Father, who currently resides at 713
Harding Street, New Cumberland, Cumberland County, PA 17070,
2, Respondent is Margaret Mary Korff Minder, who currently resides at 713
Harding Street, New Cumberland, Cumberland County, PA 17070,
3, Plaintiff seeks custody of the following child/children:
Name
Present Address
Date of Birth
Sara Beth Minder
713 Harding Street
New Cumberland, PA
October 27, 1983
4, The child was not born out of wedlock.
5, The child is presently in the custody of the Mother and Father who
currently reside at 713 Harding Street, New Cumberland, Cumberland County,
Pennsylvania, Mother and Father are separated, although both currently reside at the
marital residence,
6, During the past five (5) years, the child resided with the following persons
at the following addresses:
.
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Persons Address Date
James M, Minder 78 Sunnybrook Ave, 1988 to 5/10/96
Margaret Mary Korff Minder Aliquippa, PA 15001
Daniel Minder
Margaret Mary Korff Minder 3303 7th Avenue 5/1 0/96 to 10/20/97
Beaver Falls, PA 15010
James M, Minder 1001 Roman Knoll Dr, 10/20/97 to 11/20/97
Margaret Mary Korff Minder Town & Country Estates
Daniel Minder Harrisburg, PA 17109
James M, Minder 713 Harding Street 11/20/97 to present
Margaret Mary Korff Minder New Cumberland, PA 17070
Daniel Minder
7, The Mother of the child is Margaret Mary Korff Minder, whose current
address is 713 Harding Street, New Cumberland, Cumberland County, PA 17055,
8, The Father of the child is James M, Minder, who currently resides at 713
Harding Street, New Cumberland, Cumberland County, PA 17055,
9, The parties are married, but are living in a separated manner,
10, The relationship of Petitioner to the child is that of Father, Petitioner
currently resides with the following persons:
Person
Relationship
Mary Korff Minder
Daniel Minder
Sara Beth Minder
Wife
Son
Daughter
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11, The relationship of Respondent to the child is that of Mother, Respondent
currently resides with the following persons:
Relationship
Person
James M, Minder
Daniel Minder
Sara Beth Minder
Husband
Son
Daughter
12, Petitioner and Respondent have not participated as a party or witness, or in
another capacity, in other litigation concerning the custody of the child in this or another
court.
13, Petitioner and Respondent have no information of a custody proceeding
concerning the child pending in a court of this Commonwealth,
14, Petitioner and Respondent do not know of a party to the proceedings who
has physical custody of the children or claims to have custody or visitation rights with
respect to the child,
15. Petitioner is concerned and has reason to believe that Respondent will take
the minor child to live in Pittsburgh, Pennsylvania, without adequate regard for the child's
education and schooling needs, thereby disregarding the best interests of the child,
16, The best interests and permanent welfare of the child will be served by
granting the relief requested,
17, Each parent whose parental rights to the child have not been terminated
and the persons who have physical custody of the children have been named as parties to
this action,
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WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order granting custody to Petitioner,
Respectfully submitted:
By:
G,. atrick O'Connor, Esquire
3105 Old Gettysburg Road
Harrisburg, PA 17011
717-737-7760
Attorney I.D, #64720
ATTORNEY FOR PETITIONER
DATE: 3/7 /~O
ATTORNEY VERIFICATION
I, G, Patrick O'Connor, Esquire, hereby certify that I am the attorney for the
Petitioner and that the information contained in the herein petition is based on
information give to me by the Petitioner and is true and accurate to the best of my
knowledge, information and belief,
G. Patrick O'Counor, Esq,
DATE:
3/7/iJ{)
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CERTIFICATE OF SERVICE
I hereby certify that I have, this day, served the herein Custody Petition to the
party indicated below by depositing same in the United States mail, postage prepaid, at
Camp Hill, Pennsylvania:
Margaret Mary Korff Minder
713 Harding Street
New Cumberland, PA 17070
DATE:
3/'i/t;()
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/G, Patrick O'Connor, Esquire
Attorney No, 64720
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 737-7760
Attorney for Petitioner
> .
,
JAMES M. MINDER, : IN THE OOORT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-1400 CIVIL TERM
.
.
MARGARET MARY KORFF MINDER, . CIVIL ACTION - LAW
.
Defendant : IN CUSTODY
ORDER OF COORT
AND roq, this I c" t);, day of
consideration of the attached Custody
and directed as follows:
DS..locr
Conciliation Report,
, 2000, upon
it is ordered
1. The prior order of this Court dated May 15, 2000 shall continue in
effect as modified by this order.
2. The Father shall have custody of the Child from Friday, October 6,
2000, between 7:00 p.m. and 10:00 p.m. through Monday, October 9, 2000, at
12:00 noon. The Mother shall be responsible to provide all transportation
for this period of custody. The Mother shall contact the Father if she is
unable to have the Child at the Father's residence by 10:00 p.m. on Friday
evening due to traffic or other unavoidable circumstances.
3. The Father shall have additional periods of custody with the Child
from November 11 through 12, 2000 (for which the Father shall be
responsible to provide transportation) and from March 10 through 11, 2001,
for which the Mother shall be responsible to provide transportation.
4. Unless otherwise specified in this order as the Mother's
responsibility for providing transportation, the Father shall purchase
train tickets for the Child at the train departure time which is closest to
10:00 a.m. at the beginning of the period of custody and at the return time
which is closest to 7:00 p.m. on the last day of the period of custody.
Within 10 days after each period of custody, the Mother shall reimburse the
Father for the Child's train fare in an amount proportionate to the
Mother's income as allocated in percentage form in the Child support order.
The parties shall cooperate in contacting each other two days in advance of
each exchange of custody to confirm the transportation arrangements.
5. Within 10 days of the date of this order and on an ongoing basis
thereafter, the Mother shall provide to the Father the name and telephone
numbers of all physicians and counselors evaluating and providing treatment
to the Child. In addition, the Mother shall provide all information which
she obtains from Dr. Edwin Cheek concerning the Child's diagnosis and
treatment.
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6. within 10 days of the date of this Order and on an ongoing basis
thereafter, the Mother shall provide to the Father copies of the Child I s
school calendar and report cards.
BY THE COURT
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Diane S. Baker, Esquire - Counsel
Cindy L. Koser, Esquire - Counsel
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JAMES M. MINDER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. : NO. 00-1400 CIVIL TERM
.
.
MARGARET MARY KORFF MINDER, . CIVIL ACTION - LAW
.
Defendant . IN CUSTODY
.
PRICR JUDGE: J. Wesley OIer, Jr.
CUS'.l'ODY CXBCILIATICtiI SUMMARY REPCRT
IN ACCXJRDANCE WITH a::JMBERLAND CXJIJNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN OUSTODY OF
Sara Beth Minder
October 27, 1983
Mother
2. A Conciliation Conference was held on October 3, 2000, with the
following individuals in attendance: The Father, James M. Minder, with his
counsel, Diane S. Baker, Esquire, and the Mother's counsel, Cindy L. Koser,
Esquire. The Mother, who resides in Beaver, Pennsylvania, participated in
the Conference with her counsel by telephone.
3. The Father filed this Petition for Contempt primarily concerning
a period of partial custody which he missed over the Labor Day weekend due
initially to some confusion with the train ticket arrangements but
ultimately due to alternative plans made by the Child for the weekend. The
mandatory nature of the custody schedule was discussed at length at the
Conference and it is clearly understood that no adjustments may be made to
the May 15, 2000 Custody Order except by agreement of the parties or Court
Order.
4. The parties agreed to entry of an Order in the form as attached
providing makeup custody periods for the Father and establishing a more
definite transportation schedule for exchanges of custody. It should be
noted that the Mother objects to the provision requiring her to provide
transportation for the March 2001 makeup weekend, which is the
recommendation of the Conciliator.
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Date
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Dawn S. Sunday, Esquir
Custody Conciliator
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JAMES M. MINDER
PLAINTIFF
V,
MARGARET MARY KORFF MINDER
DEFENDANT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1400 CIVILACTlONLAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 15th day of September ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on the ~ day of October ,2000, at 3:00 p.m.
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 defme 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.
FOR TIlE COURT,
By: Isl
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office,
All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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00 SEP 19 Pi! 3: 12
CUM8ERL4i~O COUNTY
PENNSYLVANIA
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JAMES M, MINDER,
P1aintiffIPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 00-1400 -CIVIL TERM
MARGARET MARY KORFF
MINDER,
Defendant/Respondent
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, , upon consideration of the attached complaint, it is hereby
directed that the parties and their respective counsel appear before the
conciliator, at on the _ day of , 2000, at _m.,
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.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled
individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior
to any hearing or business before the court, You must attend the scheduled conference or hearing,
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
1-800-990-9108
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JAMES M, MlNDER,
P1aintifflPetitioner,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-1400 CIVIL TERM
MARGARET MARY KORFF
MlNDER,
Defendant/Respondent
: CIVIL ACTION - LAW
: CUSTODY
ORDER OF COURT
AND NOW, this day of
, 2000, upon
consideration of the Petition for Contempt, a hearing is hereby scheduled for the
day of
, 2000, at
m,
BY THE COURT:
J,
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JAMES M. MINDER,
PlaintifflPetitioner,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 00-1400 CIVIL TERM
MARGARET MARY
KORFF MINDER,
DefendantJRespondent
CIVIL ACTION -LAW
CUSTODY
PETITION FOR CONTEMPT
AND NOW, comes Petitioner, James M, Minder, by and through his attorney,
Diane S, Baker, Esquire, and files this Petition for Contempt as follows:
1. Petitioner, James M, Minder, is an adult individual residing at 713
Harding Street, New Cumberland, Pennsylvania 17070,
2, Respondent, Margaret Mary Korff Minder, is an adult individual residing
at 400 Buffalo Street, #4, Beaver, Peunsy1vania, 15009. Respondent is represented by
Cindy Koser, Esquire.
3, The parties are the natural parents of the minor child Sara Beth Minder,
born October 27, 1983, age 16,
4, On May 15,2000, following a Custody Conference with Dawn S, Sunday,
Esquire, the Honorable Wesley 01er, Jr" issued a custody order, a copy of which is attached
hereto as Exhibit A.
5, The Order provides that Respondent has primary physical custody and
Petitioner has partial physical custody to include approximately six (6) weeks during the
sununer along with holiday weekends and school vacations during the school year, In
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..
particular, the Order provides that Petitioner shall have custody of the child for Labor Day
weekend,
6. Pursuant to the order, transportation shall be by train,
7, On or about Tuesday, August 29, 2000, Petitioner corresponded with the
child via e-mail and confirmed that he would send her a ticket for the train that was to
depart on Friday, September 1, 2000, at 4:53 p,m, Petitioner then purchased the ticket but
realized that he could instead purchase a ticket for Sara that could be picked up at the train
station upon departure, The cost of the ticket was $102, On Thursday, September 1, 2000,
Petitioner corresponded with Sara via e-mail and advised her that the ticket was waiting for
her at the train station and that he would meet her when she arrived in the Harrisburg area,
8, On Friday, September 1, 2000, Petitioner called Respondent's residence at
approximately 3:30 p,m, to confirm that the travel plans were in order. He spoke to Sara
who said that she wasn't coming because she did not have a ride to the train station because
her mother was working, Petitioner then called Respondent at work and suggested that Sara
take the train the next morning at 8:30 a,m, instead but Respondent said she would be
working then also so could not take her to the train station, Petitioner next suggested that
he would drive to Beaver either that evening (Friday) or the next morning (Saturday) and
pick Sara up at her residence, At this point Respondent told Petitioner that Sara had no
intention of coming to visit him but instead had made plans for the weekend including a
pool party so he should not bother making the trip,
9, Pursuant to the custody order dated May 15, 2000, the parties share legal
custody of the child, Some time ago the child's family doctor prescribed a one month
supply of birth control pills to control an irregular menstrual cycle with instructions that the
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child then be re-examined, During the Memorial Day visit Petitioner became aware that
Sara had never been re-checked by the family doctor but was still taking the birth control
pills through a prescription from doctor from Florida who had never examined the child,
10, On June 2, 2000, through a letter sent to Respondent's counsel, Petitioner
inquired as to why the child was still taking the prescription, A second request for
information about this medical matter was sent to Respondent's counsel on June 21, 2000,
Copies of both letters are attached hereto as Exhibit B, To date, Petitioner has not been
provided with any information about this medical issue,
11. Petitioner requests that Respondent be held in contempt for denying him
visitation with the child and denying him information about the child's medical care,
12, As a result of Respondent's contemptuous behavior Petitioner has incurred
attorney's fees in the amount of $400 for correspondence with counsel and preparation
and filing of the within petition, Petitioner also incurred a $30 cancellation fee for the
unused train ticket.
WHEREFORE, Petitioner requests this Honorable Court issue an order fmding
the Respondent in contempt and ordering sanctions to include attorney's fees and costs
and further directing make-up visitation time with the child,
qHOO
, e S, Baker, Esquire
Supreme Court ill #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
(717) 671-9600
DATE:
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VERIFICATION
I, James M, Minder, verify that the statements made in the foregoing Petition are
true and correct to the best of my knowledge, information and belief, I understand that
the statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904
relating to unsworn falsification to authorities,
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CERTIFICATE OF SERVICE
I hereby certifY that on this ~ day of September, 2000, a true and correct copy of
the foregoing document was served on the following person by United States Mail, postage
prepaid, addressed as follows:
Cindy L. Koser, Esquire
4810 Derry Street
Harrisburg, P A 17111
, e S, Baker, Esquire
Supreme Court ill 53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
(717) 671-9600
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JAMES M. MINDER,
petitioner
: IN THE OOURT OF COMMOO PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. ~1400 CIVIL TERM
:
MARGARET MARY KORFF MINDER,
Respondent
: CIVIL ACTIOO - LAW
: IN CUSTODY
aIDER OF 00lJRT
AND lOf, this 11+h day of
consideration of the attached Custody
and directed as follows:
, 2000, upon
it is ordered
1. The Father, James M. Minder, and the Mother, Margaret Mary Korff
Minder, shall have shared legal custody of Sara Beth Minder, bom October
27, 1983. Each parent shall have an equal right, to be exercised jointly
with the other parent, to make all major non-emergency decisions affecting
the Child's gener.<\l well-being including, but not limited to, all decisions
regarding her health, education and religion.
2. The parties shall have physical custody of the Child in accordance
with the following schedule:
A. Dliring the Summer 2000, the Father shall have custody of the
Child from Sunday, June 18 through Saturday, July I, from
Sunday, July 9 through Saturday, July 29, and from Sunday,
August 6, through Saturday, August 19. The Mother shall have
custody of the Child during the Summer 2000 at all times not
otherwise specified for the Father under this provision. The
Father shall provide transportation for the exchanges of
custody on June 18 and July 1. Unless otherwise agreed
between the parties or the Father agrees to provide the
transportation, the parties shall make arrangements for the
Child to travel by train for the remaining exchanges of
custody during the Summer 2000. The Mother shall be
responsible to pay for the round trip train ticket for
exchanges in July and the Father shall be responsible to pay
for the round trip train ticket for the exchanges in August.
B. During the school year, the Father shall have custody of the
Child as follows:
Labor Day weekend from September 2 through September 4.
Collnnbus Day weekend from October 7 through October 9.
Thanksgiving break from November 22 or 23 (depending on the
train schedule) through November 27.
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Christmas holiday break from December 26 through January 1.
Dr. Martin Luther King weekend (January).
President's Day weekend (February).
Easter school break (March or April).
Memorial Day weekend (May).
In 2000, the Father shall provide transportation for the Child to
and fran the Mother's residence over the Memorial Day weekend. The exact
days (Friday evening or Saturday morning) 'and times for the foregoing
holid~y periods of custody shall be arranged by agreement of the parties
based on the train schedule. In the event the parties are not able to
agree on exchange times, the pick up times: shall be the train departure
time which is closest to 10:00 a.m. and the return time shall be the train
departure time which is closest to 7:00 p.m.
Each party shall be responsible to pay a portion of the Child's
train fare for exchanges of custody during the school year in proportion to
that party's income as allocated in percentage form in the Child Support
Order.
3. The parties agree that the Child shall participate in counseling
with the Father, with the counseling sessions to be scheduled during the
Father I s periods of custody.
4. If the Child wants to go to church during the Father's periods of
custody, the Father shall provide transportation and ensure that the Child
is able to attend Mass.
5. Neither party shall do or say anything which may estrange the
Child fran the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent. Each party shall ensure that third
parties comply with this provision as well during his or her periods of
custody.
6. This Order is entered pursuant to an agreement of the parties at a
CUstody Conciliation Conference. The parties may modify the provisions of
this Order by llRltual consent. In the absence of llRltual consent, the terms
of this Order shall control.
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cc: Diane S. Baker, Esquire - Counsel
Cindy L. Koser, Esquire - Counsel
BY THE COURT,
for Father
for Mother
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ATTORNEY AT LAW
POST OFFICE BOX 6443
27 SOUTH ARLENE STREET
HARRISBURG, PA 17112-0443
(717) 671-9600
FAX (717) 671-9601
June 2, 2000
Cindy L. Koser, Esquire
4810 Derry Street
Harrisburg, P A 17111
RE: Minder v, Minder
Dear Cindy:
I received a caIl from my client yesterday because he is concerned about certain
medical treatments that are being administered to Sara, SpecificaIly, as is fairly common
with teenage girls, Sara has problems with an irregular menstrual cycle, My client
understood that some time ago Sara's family doctor gave her a one month supply of birth
control pills with instructions to return in a month for a re-check. Unfortunately when the
first prescription ran out Mrs, Minder canceled the scheduled follow-up appointment and had
a doctor who lives in Florida rewrite the prescription, This doctor is related to your client
and for whatever reason issued the prescription long distance without ever examining or
otherwise treating Sara who continues to take the pills without medical monitoring,
My client became aware ofthe situation when Sara brought the prescription from the
Florida doctor with her when she visited last weekend and told my client he had to have it
filled because she was out of pills, This put him in the uncomfortable position of having to
fiIl what he feels is not only an illegal prescription done without a medical exam but more
importantly a prescription that may not be in Sara's best interest. Only proper medical care
including the recommended follow-up visit would determine if the medication was
appropriate or perhaps it is masking a problem that needs altemate treatment.
My client recognizes that this is likely a sensitive issue with Sara and while he does
not want to embarrass her he is concemed about the medical and legal ramifications of her
taking a prescription without proper medical care. As you are aware, our clients share legal
custody of Sara and therefore my client is certainly within his rights to be informed and have
input into Sara's medical care. I would appreciate it if you would review this situation with
your client and advise me what steps are being taken to assure that Sara's medical needs are
being properly met. I look forward to hearing from you,
DSB:jb
. .
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.
ATTORNEY AT LAW
POST OFFICE BOX 6443
27 SOUTH ARLENE STREET
HARRISBURG, PA 17112.Q443
(717) 671-9600
FAX (717) 671-9601
June 21, 2000
Cindy L. Koser, Esquire
4810 Derry Street
Harrisburg, P A 17111
RE: Minderv. Minder
Dear Cindy:
I received a call from my client who is concerned that Mrs. Minder is now hinting
that she wants to move back into the residence either on a permanent or temporary basis.
James is not sure whether she is actually looking for a reconciliation or merely is seeking
a convenient place to stay when she is in the area, but he is adamantly opposed to the
idea, If necessary, we will file a Petition for exclusive possession, as the hostilities that
exist between the parties can only cause harm to the minor child, who, as you are aware,
is spending a significant amount of time at her father's this summer. Jim also is
concerned that mother's appearance at his residence will only serve to undermine his
relationship with the minor child. Please discuss this with your client and confirm that
she will not attempt to access the residence. If I don't hear from you in the next ten days,
I will have no choice but to file an exclusive possession in order to avoid a potentially
dangerous situation.
I am also awaiting a response to my letter of June 2, 2000 conceming Sarah's
medical care, which my client continues to be uninformed about. Thank you for your
attention, and I look forward to hearing from you.
DSB:1sf
Cc: James Minder
~~
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JAMES M. MINDER,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-1400 CIVIL TERM
MARGARET MARY
KORFF MINDER,
Defendant,
CIVIL ACTION - LAW
CUSTODY
PLAINTIFF'S PRE-TRIAL MEMORANDUM
AND NOW, comes the Plaintiff, James M, Minder, by and through his attorney,
Diane S, Baker, Esquire, and files his Pre-Trial Memorandum as follows:
1. Statement of Facts, This action pertains to custody of the minor child Sara Beth
Minder, born October 27, 1983, age 17, The parties, James Minder and Margaret
Minder, separated in March, 2000, when Defendant moved with the child to Beaver
County, Peunsy1vania, Plaintiff inunediate1y filed a custody action contesting the move
and an order was entered, dated May 15, 2000, granting him shared legal and partial
physical custody to include the majority of the sunnner and school vacation times, Since
the entry of that order, Plaintiff has had to file two contempt actions because of missed
visits and Defendant's refusal to provide Plaintiff with information about the child's
medical care or education,
The issues before the court include the current custody schedule, primarily
Plaintiffs request that the child spend the sunnner of 2001 with him, Also before the
court is the issue of contempt for missed visits, and Defendant's failure to provide
Plaintiff with copies of report cards, medical records, and in general the Defendant's
concerted effort to alienate the child from her father.
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2,
Summary of Witnesses.
Plaintiff will testifY on his own behalf concerning
the matters raised in the contempt petitions filed on or about September 8, 2000, and
December 26, 2000, In general, it will be Plaintiffs testimony that Defendant has caused
visits between Plaintiff and the child to be missed and also Defendant has refused to
include Plaintiff in any legal custody decisions affecting the child, Plaintiff has not been
provided with medical records or school records, despite numerous requests and an
Order, dated October 16, 2000, specifically directing that medical records and report
cards be provided to Plaintiff, Plaintiff will also offer testimony about the costs he has
incurred as a result of Defendant's contemptuous behavior including unused train tickets,
lost wages and attorney's fees,
3. Conclusion, Plaintiff respectfully requests that this Honorable Court issue an
order directing that the minor child spend the summer of 2001 with him and that
Defendant be found in contempt and directed to pay Plaintiffs costs and attorney's fees,
;pr
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__Diane S, Baker, Esquire
Attorney for Plaintiff
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
717-671-9600
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CERTIFICATE OF SERVICE
I hereby certifY that on this 6th day of April, 2001, a true and correct copy of the
foregoing document was served on the following person by United States Mail, postage
prepaid, addressed as follows:
Cindy L. Koser, Esquire
4810 Derry Street
Harrisburg, PAl 7111
Respectfully submitted,
, e S, Baker, Esquire
Supreme Court ill 53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
(717) 671-9600
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V,.,
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JAMES M. MINDER
PLAINTIFF
V.
MARGARET MARY KORFF MINDER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1400 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of January, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on the 23rd day of January, 2001 , at 9:30 a.m.
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.
FOR THE COURT,
By: Isl
Dawn S. Sunday. ES~
Custody Conciliato~
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court. please contact our office, All arrangements
must be made at least 72 hours prior to any hearing or business before the court, You must attend the
scheduled conference or hearing,
YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORlli BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JAMES M. MINDER,
Plaintiff/Petitioner,
: IN THE COURT OF COMMON PlLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-1400 CIVIL TERM
MARGARET MARY
KORFF MINDER,
DefendantJRespondent
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, , upon consideration of the attached
complaint, it is hereby directed that the parties and their respective counsel appear before
, the conciliator, at on the
day of , 2000, at _ m" 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,
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990, For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our office, All arrangements must be made at
least 72 hours prior to any hearing or business before the court, You must attend the
scheduled conference or hearing,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717249-3166
1-800-990-9108
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JAMES M. MINDER,
Plaintiff/Petitioner,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-1400 CIVIL TERM
MARGARET MARY
KORFF MINDER,
DefendantJRespondent
CIVIL ACTION -LAW
CUSTODY
PETITION FOR CONTEMPT
AND NOW, comes Petitioner, James M, Minder, by and through his attorney,
Diane S, Baker, Esquire, and files this Petition for Contempt as follows:
1. Petitioner, James M, Minder, is an adult individual residing at 713
Harding Street, New Cumberland, Pennsylvania 17070,
2, Respondent, Margaret Mary Korff Minder, is an adult individual residing
at 400 Buffalo Street, #4, Beaver, Pennsylvania, 15009, Respondent is represented by
Cindy Koser, Esquire,
3, The parties are the natural parents of the minor child Sara Beth Minder,
born October 27, 1983, age 17,
4, On May 15,2000, following a Custody Conference with Dawn S, Sunday,
Esquire, the Honorable Wesley 01er, Jr., issued a custody order, a copy of which is attached
hereto as Exhibit A.
5, The Order provides that Respondent has primary physical custody and
Petitioner has partial physical custody, The order also provides that the parties share legal
custody and have an equal right to make all non-emergency decisions concerning the child's
health, education, and religion,
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6, On September 19, 2000, Petitioner filed a Petition for Contempt because of
missed visits and Respondent's refusal to discuss the child's medical care with the
Petitioner or provide copies of records and hea1thcare information to the Petitioner.
7, A conciliation conference was held October 3, 2000, before Custody
Conciliator Dawn S. Sunday, Esquire, Following the conference, an order was entered that
provided in part that Respondent provide to Petitioner all information she obtains from Dr,
Edwin Cheek concerning the child's diagnosis and treatment. A copy of the Order, dated
October 16, 2000, is attached hereto as Exhibit B,
8, To date, Petitioner has been unable to obtain copies of Dr, Cheek's records
or any information from the Respondent. He has requested the records directly from the
doctor but has had no response, Petitioner believes that Respondent has advised the doctor
not to provide the requested information, Petitioner has also requested the information
through Respondent's counsel but has not received any information, The child has told him
that Respondent has talked directly to the doctor about the treatment plans but this
information has not been forwarded to the Petitioner. Petitioner believes that Respondent is
receiving regular medical care for a gynecological problem but he has no further
information about the diagnosis or treatment.
9, Respondent has also failed to consult with the Petitioner about counseling
for the child and instead advised him that she had unilaterally chosen a counselor for the
child and scheduled an appointment. This information was provided to the Petitioner one
day before the scheduled appointment allowing him no input into choice of counselors or
opportunity to consider the counselor's credentials,
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10, Petitioner requests that Respondent be held in contempt for denying him
information about the child's medical care and refusing to consult with him about
medical treatments or counseling,
11. As a result of Respondent's contemptuous behavior Petitioner has incurred
attorney's fees in the amount of $400 to date for correspondence with counsel and
preparation and filing of the within petition,
WHEREFORE, Petitioner requests this Honorable Court issue an order finding
the Respondent in contempt and ordering immediate compliance with the order and
sanctions to include attorney's fees and costs
DATE:
I~I ~I 00
aile S, Baker, E~quire
Supreme Court ill #53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
(717) 671-9600
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VERIFICATION
I, James M, Minder, verify that the statements made in the foregoing Petition are
true and correct to the best of my knowledge, information and belief, I understand that
the statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904
relating to unsworn falsification to authorities,
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CERTIFICATE OF SERVICE
I hereby certify that on this 'lA' day of December, 2000, a true and correct copy of
the foregoing document was served on the following person by United States Mail, postage
prepaid, addressed as follows:
Cindy L. Koser, Esquire
4810 Derry Street
Harrisburg, PAl 7111
Respectfully submitted,
iane S, Baker, Esquire
Supreme Court 10 53200
27 South Arlene Street
Post Office Box 6443
Harrisburg, P A 17112-0443
(717) 671-9600
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JAMES M. MINDER,
Petitioner
: IN THE CXXJRT OF Cl:XolMC.U PLEAS OF
: CUMBERLAND COON'lY, PENNSnVANIA
.
.
vs.
: NO. 00-1400 CIVIL TERM
.
.
MARGARET MARY KORFF MINDER,
Respondent
: CIVIL ACTION - LAW
: IN CUsroDY
ClIDER OF CXllRT
AND tUf, this /1+h day of
consideration of the attached CUstody
and directed as follows:
, 2000, upon
it is ordered
1. The Father, James M. Minder, and the Mother, Margaret Mary Korff
Minder, shall have shared legal custody of Sara Beth Minder, bom October
27, 1983. Each parent shall have an equal right, to be exercised jointly
with the other parent, to make all major non-emergency decisiollS affecting
the Child's gener<ll well-being inclUding, but not limited to, all decisions
regarding her health, education and religion.
2. The parties shall have physical custody of the Child in accordance
with the following schedule:
A. During the Sl.1llIllE!r 2000, the Father shall have custody of the
Child from sunday, June 18 through saturday, July 1, from
sunday, July 9 through Saturday, July 29, and from Sunday,
August 6, through Saturday, August 19. The Mother shall have
custody of the Child during the Sl.1IlIIIer 2000 at all times not
otherwise specified for the Father under this provision. The
Father shall provide transportation for the exchanges of
custody on June 18 and July 1. Unless otherwise agreed
between the parties or the Father agrees to provide the
transportation, the parties shall make arrangements for the
Child to travel by train for the remaining exchanges of
custody during the Sunmer 2000. The Mother shall be
responsible to pay for the round trip train ticket for
exchanges in July and the Father shall be responsible to pay
for the round trip train ticket for the exchanges in August.
B. During the school year, the Father shall have custody of the
Child as follows:
Labor Day weekend from September 2 through September 4.
Columbus Day weekend from OCtober 7 through OCtober 9.
Thanksgiving break from November 22 or 23 (depending on the
train schedule) through November 27.
EXHIBIT A
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Christmas holiday break from Deceni:Jer 26 through January 1.
Dr. Martin Luther King weekend (January).
President I s '1a.y weekend (February).
Easter school break (March or April).
Memorial Day weekend (May).
In 2000, the Father shall provide transportation for the Child to
and fran the Mother's residence over the Memorial Day weekend. The exact
days (Friday evening or Saturday morning) and times for the foregoing
holiday periods of custody shall be arranged by agreement of the parties
based on the train schedule. In the event the parties are not able to
agree on exchange times, the pick up times. shall be the train departure
time which is closest to 10:00 a.m. and the'return time shall be the train
departure time which is closest to 7:00 p.m..'
Each party shall be responsible to. pay a portion of the Child's
train fare for exchanges of custody during the school year in proportion to
that party's income as allocated in percentage form in the Child ~t
Order.
3. The parties agree that the Child shall participate in counseling
with the Father, with the counseling sessions to be scheduled during the
Father's periods of custody.
4. If the Child wants to go to church during the Father's periods of
custody, the Father shall provide transportation and ensure that the Child
is able to attend Mass.
5. Neither party shall do or say anything which may estrange the
Child fran the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural developllent of the Child's
love and respect for the 01:l1er parent. Each party shall ensure that third
parties comply with this provision as well during his or her periods of
custody.
6. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COl.lRT,
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cc: Diane S. Baker, Esquire - Counsel
Cindy L. Koser, Esquire - Counsel
for Father
for Mother
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JAMES M. MINDER, : IN THE OJORT OF COMMOO PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-1400 CIVIL TERM
:
MARGARET MARY KORFF MINDER, : CIVIL ACTIOO - LAW
Defendant : IN CUSTODY
OODER OF <XXlRT
AND mi, this I/jjth day of LDc.L~eR
consideration of the attached Custody Conciliation Report,
and directed as follows:
, 2000, upon
it is ordered
1. The prior order of this Court dated May 15, 2000 shall continue in
effect as modified by this Order.
2. The Father ehall have custody of the Child from Friday, October 6,
2000, between 7:00 p.m. and 10:00 p.m. through Monday, October 9, 2000, at
12:00 noon. The Mother shall be responsible to provide all transportation
for this period of custody. The Mother shall contact the Father if she is
unable to have the Child at the Father's residence by 10:00 p.m. on Friday
evening due to traffic or other unavoidable circumstances.
3. The Father ehall have additional periods of custody with the Child
from November II through 12, 2000 (for which the Father shall be
responsible to provide transportation) and from March 10 through 11, 2001,
for which the Mother shall be responsible to provide transportation.
4. Unless otherwise specified in this Order as the Mother's
responsibility for providing transportation, the Father shall purchase
train tickets for the Child at the train departure time which is closest to
10:00 a.m. at the beginning of the period of custody and at the return time
which is closest to 7:00 p.m. on the last day of the period of custody.
within 10 days after each period of custody, the Mother shall reimburse the
Father for the Child's train fare in an amount proportionate to the
Mother's income as allocated in percentage form in the Child Support Order.
The parties shall cooperate in contacting each other two days in advance of
each exchange of custody to confirm the transportation arrangements.
5. within 10 days of the date of this order and on an ongoing basis
thereafter, the Mother shall provide to the Father the name and telephone
numbers of all physicians and counselors evaluating and providing treatment
to the Child. In addition, the Mother shall provide all information which
she obtains from Dr. Edwin Cheek concerning the Child's diagnosis and
treatment.
EXHIBIT B
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6. Within 10 days of the date of this order and on an ongoing basis
thereafter, the Mother shall provide to the Father copies of the Child' s
school calendar and report cards.
J.
cc: Diane S. Baker, Esquire - Counsel for Father
Cindy L. Koser, Esquire - Counsel for Mother
TRUE COpy F':O':'M r.ECORD
In Teatimony wh';' ,.< .'; unto set my hand
and the seal of ~:;id ~,;j'i a~~, Pa.
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JAMES M. MINDER,
Plaintiff
v,
MARGARET MARY KORFF MINDER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 00-1400 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
IN RE: PETITION FOR CONTEMPT
ORDER OF COURT
AND NOW, this 20th day of June, 2001, upon
consideration of Plaintiff's petition for contempt and of the
issue of a summer custody schedule which has been submitted to the
Court, the record is declared closed, and the matter is taken
under advisement,
Diane Sommers Baker, Esquire
27 South Arlene Street
P.O, Box 6443
Harrisburg, PA 17112
For the Plaintiff
Cindy L, Koser, Esquire
4810 Derry Street
Harrisburg, PA 17111
For the Defendant
Adrienne Johnson, Esquire
4531 Buffalo Street
Beaver, PA 15009-2003
For the Child
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