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Home My WebLink About00-02744 ~ -.'.;" c ; ;~~,,'"'' ",_,~.~,,;_. ";-"<';0':" ~,.'_t, - '_.' ._ _ ~. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA F. HARDY, Plaintiff . . c2,~.>l'( ~ v. : NO. 00, ~7l(4 JOHN w. HARDY, Defendant IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel a~ar before. \J , the Conciliator, at 0\ \.0, \ on the 0>8 day of 0W1Y€>, +.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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 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 the office set forth above. 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. .5-/6.m 5' -It ,Ot) .5'-/6 'o,?' ~ D t'1irt:1\~r:t: r:ll f!l ';"~1l I...;t," N rnJ r ~-";:,r"'(1.",.JI'""'+,1t) r t';li i F -, 'r U,,' '.,.\ ".,..., n \tL j It'~''' ' c j)l';~ 3: 1 8 CiO I'U\~ 10 I" L I. 1t~f:;1:;i L,~\ID i.JJUNTY CLl!VipL~~:'~ :!~C;\ll' \ / i\l\l\A CI'~I".....,ld! (1.:/ ~ ~. ~ XS' ~~~~. ~~&'/~~d 1~~1II'l' .......JI' "-- -.il '""""'- ~~ - -, , " ~, , ,11!""lInIIM ,~ ,-,_. "' . >>,,-.' ., '" '.' '~: i ' ..~.~' _ ____ ,n _c. ~,;: '__ - "c '~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA F. HARDY, Plaintiff v. . ; NO. rJ-V. ;27</'1 (J.;;d I~ JOHN W. HARDY, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, LISA F. HARDY, by and through her attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is LISA F. HARDY whose current address is 6210 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania. 2. The Defendant is JOHN W. HARDY whose current address is unknown, however, Defendant is employed by Central Sign Systems, 5215 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff seeks primary physical and shared legal custody of the following children: LUKE HARDY, born August 30, 1984 COLTON HARDY, born November 28, 1990 and KYLE HARDY, born March 4, 1992 .' ^ ." _,__ - _,_n,.,;,) " ,,_ . ^. -_l'~-"_'_ .-;,:,__~" _,_r,',',;___';>:' ,~" . .~ , ~,," 4. The children were born in wedlock. 5. Plaintiff currently resides with the minor children. 6. It is unknown with whom Defendant may be residing. 7. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Wi th Whom Address birth-1986 Arizona Plaintiff/Defendant 1986-6/99 6210 Blue Mountain Trail Plaintiff/Defendant Enola, PA 6/99-present 6210 Blue Mountain Trail Plaintiff/Defendant Enola, PA 8. The father of the children is JOHN W. HARDY. He is married to Plaintiff. 9. The mother of the children is LISA F. HARDY. She is married to Defendant. 10. Plaintiff has not participated as a party or witness or in any other capacity, in other litigation concerning the custody of the children in this or any other Court, except as set forth above. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or in any other State. 12. The Plaintiff does not know of a person not a party to .- ,,, _ """ ~. _ _",,' ,c., ~"'d ,,<' i-_d". n'-'~-}' ~.,,' _..' _ ',,", . "'f."" the proceedings who has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 13. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 14. The best interest and permanent welfare of the minor children will be served by granting Plaintiff primary physical and shared legal custody of LUKE, COLTON and KYLE. WHEREFORE, Plaintiff requests this Honorable Court to grant her primary physical and shared legal custody of the minor children. Respectfully submitted, Maryann rphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff ~- ,,,,,",,~" .--'" ._ 0,_"" ~ ,-" .,,~','.._ ~_ '", ;"- VERIFICATION I, LISA F. HARDY, verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. t~..~ ""' '"", ,-, ~- ,.--,-~', C," ""'1,_' 'I -"...." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA F. HARDY, Plaintiff . . v. NO. JOHN W. HARDY, Defendant . . IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of 2000 I served a true and correct copy of the foregoing Complaint in Custody on the Defendant, JOHN W. HARDY at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. John W. Hardy Central Sign Systems 5215 Simpson Ferry Road Mechanicsburg, PA 17055 Respectfully submitted, Maryann Murphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. # 61900 e, il1IIIllI'll1_r "A '~~~~~.llitllil~:";--"t"".I~lii o s; -ofii mrD ~__"U Zc- (fJ :,2~ ;:::;,- ~-"~\...j ~!>o Z .' -0 PC:: -,,- ~::j -< t, '" 10 ~ o c:::> o 'Tl :'~~., ~llp: -T"lfD -"9 (~C) :"'?-f-j (~-n ';..;t[~ ....-rTI ~ .,.. " ~ :1: ~ I W -0 ::s; r;y ~ -.J , _ -"" Cu . .~ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA F. HARDY, Plaintiff : NO. oo..:t 7'11./ e"l'{'-r~ v. : IN CUSTODY JOHN W. HARDY, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, LISA F. HARDY, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma DauDeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. lhu~tfAAl Maryann urphy, EsqUire Legal Services, Inc. S Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff :;'[-- ~~~ , ~ - ',: ~,- ,"-'" '-,; .-'",,- ',- ~- , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LISA F. HARDY, Plaintiff : NO. v. : IN CUSTODY JOHN W. HARDY, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am LISA F. HARDY, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: LISA F. HARDY Address: 6210 Blue Mtn. Trail. Enola. PA 17025 (b) Social Security Number: 183-52-9584 If you are presently employed, state Employer: self-emDloved Address: 6210 Blue Mtn. Trail. Enola. PA 17025 Salary or wages per month: $800.00 Type of work: Janitorial - "nJ ,--._,--~y-~'-------- '-'~'<"- J , If you are presently unemployed, state N/A Date oflast employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: $250.00 Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/ A (the parties are separated) If your (husband) (wife) is employed, state Employer: N/A 12 , Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: $20.00 Checking Account: $350.00 Savings Account: -0- Certificates of Deposit: -O- Real Estate (including home): -0- Motor vehicle: Make Buick Century Cost $2.000.00 , .." Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: -0- -0- Year 1989 Amount owed -0- '^ .c, ,~- -0- $352.00 Loans: Monthly Expenses: $17.000.00 balance $1.300.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A '_"-'" ',__T '\ ., ,",--,,_,C', ~,,' " ~",,~"'<"."- ,~ ~: Children, if any: Name: Luke Age: IS Name: Colton Age: 9 Name: Kvle Age: 8 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: c/. ~r~ tfiml-;f ...5 ~i.' ~L_I"~,~",_ ,-" ~.-G Jl. '':'"~Hi''' --~ '-.!n~'~iIli.J,j~ ''''''''''' " ;,;" ~ 0 a 0 ~~ C..) T, So. :l":: .-1 '"'Ocr] "'" ;~:n nlrn -< ",- 2:-1'" I -:: )""11 z:t;': W :ij? ~~,~ .....-.1 :"10 r::o -,~ :L =t{ "'-.. SC) :c; Qo ===c) ;:J om Pc "'" "7 c- ~ ..., =< no , I .~" -. "-~~ - '-~~i__ JUt 0 3 ZfDtfJ LISA F. IlARDY, : IN THE CXlURT OF CX;MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . . . va. : NO. 00-2744 CIVIL TERM . . : CIVIL ACTION - LAW JOHN W. IlARDY, . . Defendant : IN CUSTODY ORDER OF COURT AND l'iKJ'l, this 27th day of June, 2000, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The CUstody Conciliation Conference scheduled for June 28, 2000 is canceled. FOR THE CXlURT, M_~ Dawn S. Sunday, Esquire CUstody Conciliator ~." .. >- n: ,<( ~ cuQ 8;~' $,B,-,' L1.~ ~:; , Lc. o "~".l.~~11ilil~1lOOIUle!lM!lll!lljliilll3li'- ~~"" C') If') N '1:" c~ ~ ~ 500:; G.,. c",,2 -'- :-:-( --J?g .j;;? ;":r::z LdtLJ !f!CL :::;J U 'J'" I _J ;;Z - <:::> a . ~" ~ '-.......1' ., .....;.~." -~ ~ .~~'~, '" -,,-- . ~. 0., 'r" - "',, - _ . ,_ ,.~,. .~"",__, ..!~ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CIVIL ACTION - LAW LISA F. HARDY, Plaintiff NO. 00-2744 Civil Term v. JOHN W. HARDY, Defendant IN CUSTODY ORDER AND NOW, this ~ day of , ~pon consideration of the attached Stipulation for Entry of a Custody Order, IT IS HEREBY ORDERED AND DECREED that custody and partial custody with respect to the minor children: LUKE HARDY, born August 30, 1984; COLTON HARDY, born November 28, 1990; and KYLE HARDY, born March 4, 1992 is awarded as follows: 1. The parents shall share legal custody of the minor children. 2. MOTHER shall have primary physical custody of the minor children. 3. FATHER shall have partial physical custody of the minor children each weekend from Saturday at 10:00 a.m. until Sunday at 7:30 p.m.. MOTHER shall have an occasional weekend with the minor children upon mutual agreement of the parents and after notice to FATHER. 4. While in the presence of the children, neither parent shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. " l -.. " , -~- .- , '-.','. -' " ., ~,~ - ',~-,;._':.--.' . '.6 H_'; 5. Each parent shall provide the other with a current telephone number and address where the children will be staying. 6. The parents shall communicate directly with one another regarding the children. 7. The following holidays shall be alternated between the parents each year; Easter, Memorial Day, the Fourth of July, Labor Day and Thanksgiving. The hours shall be from 10:00 a.m. until 6:00 p.m. unless otherwise agreed by the parents. In 2000 and in all even years thereafter, FATHER shall have Easter, the Fourth of July and Thanksgiving, and MOTHER shall have Memorial Day and Labor Day. In 2001 and in all odd years thereafter, MOTHER shall have Easter, the Fourth of July and Thanksgiving, and FATHER shall have Memorial Day and Labor Day. 8. MOTHER and FATHER shall share and alternate the Christmas holiday each year. In 2000 and in all even years thereafter, MOTHER shall have from noon on Christmas Eve until noon on Christmas Day, and FATHER shall have from noon on Christmas Day until noon on December 26th. In 2001 and in all odd years thereafter, FATHER shall have from noon on Christmas Eve until noon on Christmas Day, and MOTHER shall have from noon on Christmas Day until noon on December 26th. 9. FATHER shall have the minor children on Father's Day and MOTHER shall have the minor children on Mother's Day. The hours shall be from 6:00 p.m. the Saturday before the holiday until 6:00 p.m. on the holiday, unless otherwise agreed by the parents. 10. MOTHER and FATHER shall each have the minor children for two (2) weeks every year for summer vacation. These weeks need not be taken consecutively. The parents shall give each :~ other written notice of their chosen week(s) of summer custody by May 15th of each year, if possible. In the event that both parents choose the same weekes) for summer custody, the parent who gives first notice shall prevaiL II. FATHER shall provide all transportation for custody transfers. 12. Both parents shall have the opportunity to see the minor children on their birthdays. The specific times shall be agreed upon between the parents. 13. The schedules for all holidays, vacations and special occasions shall take priority over the usual weekly schedule. 14. Both parents shall permit reasonable telephone access between the children and the other parent. The children shall be permitted reasonable telephone access to place calls to each of their parents while they are with the other. 15. By mutual consent of the parents, a revised schedule may be agreed upon between them for and in the best interests of the minor children, 16. This Order shall replace and supercede any and all prior Custody Orders, and shall remain in full force and effect until further Order of Court. J.~ . ~ r:P t/ <\'~~ !ill' ~ < ~1~li!I:""f" - I, ~_. ~",..._~,~~ ~ -"- 1i& OF 'i!:L~:i)::~:~!((1Fr:JTARY I"~ I ,,' ['1- I..I,U,-- J/"',,-J AIM .8' I ~ .-.. . :1>'\ ,., C' 'Ll..', Wrvd:3t,dLfIf\fJ C('U PENNSYL\if\N~ NTY ;'_ lL,il!!!rl!!!'~~~~ill!!FI\i$~'!1i;l~""j~lIfflil~~Hj!l~i!t~~~'''_r~<__~"""""':__~~ .~ "'- ",'~ ' . ~. 0" L-_~'-:.i_o_,"' ,--, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW LISA F. HARDY, Plaillltiff NO. 00-2744 Civil Term v. JOHN W. HARDY, Defellldant IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER The parties to this action, LISA F. HARDY (hereinafter referred to as "MOTHER"), and JOHN W. HARDY (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve all outstanding issues concerning custody and partial custody with respect to the minor children: LUKE HARDY, born August 30, 1984; COLTON HARDY, born November 28, 1990; and KYLE HARDY, born March 4, 1992, hereby stipulate and agree to the entry of an Order of Court awarding custody and partial custody of LUKE, COLTON and KYLE as follows: I. The parents agree that they shall share legal custody of the minor children. 2. The parents agree that MOTHER shall have primary physical custody of the minor children. 3. The parents agree that FATHER shall have partial physical custody of the minor children each weekend from Saturday at 10:00 a.m. until Sunday at 7:30 p.m.. MOTHER shall have an occasional weekend with the minor children upon mutual agreement of the parents and after notice to FATHER. 4. While in the presence of the children, neither parent shall make, or permit any other . " -~ -- -",. _k " 'I: ~~ ~. ~I , ~ ,__J.", ,_ ..,.-,'~ .' -" ".~, . ~,c MOTHER shall have the minor children on Mother's Day. The hours shall be from 6:00 p.m. the Saturday before the holiday until 6:00 p.m. on the holiday, unless otherwise agreed by the parents. 10. MOTHER and FATHER agree that each of them shall have the minor children for two (2) weeks every year for summer vacation. These weeks need not be taken consecutively. The parents shall give each other written notice of their chosen week(s) of summer custody by May 15'h of each year, ifpossibJe. In the event that both parents choose the same week(s) for summer custody, the parent who gives first notice shall prevail. I I. F ATHER agrees to provide all transportation for custody transfers. 12. Both parents agree that they shall each have the opportunity to see the minor children on their birthdays. The specific times shall be agreed upon between the parents. 13. MOTHER and FATHER agree that the schedules for all holidays, vacations and special occasions shall take priority over the usual weekly schedule. 14. Both parents agree to permit reasonable telephone access between the children and the other parent. The children shall be permitted reasonable telephone access to place calls to each of their parents while they are with the other. IS. Both parents agree that, by their mutual consent, a revised schedule may be agreed upon between them for and in the best interests of the minor children, 16. The parents agree that this Agreement shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania for approval and for entry ofan Order awarding custody and partial custody as set forth herein, and the parents hereby request that this Honorable Court enter such iIll Order. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody . Order on the date indicated below. ~ ~ \~.eA ~ L- Witness i~~Q, itness ~~ \t.). ..tJ_ J W. HARDY '0 ~i!'+ iil';~"~ 'fL;' '- -Y ~ '1IIiIIiii.'k!' . '"~ N, < Iill1fl!tIIl~~I'il~lnPlHlS!l"-""~~"""'-' ^' "lie,."., 'V" "r ........... ,~~ ,',",.~"'"'," '" '... '''". '.. () c:> 0 c: 0 ".rl s:: '- -~ vCD c::: I"Tl mp1 Z 2':0 Glp 6;~ N um \.0 :;--jO '-'6 ~CJ ",- -~ ;<:: "" -:-',j ~o 3: ---n ~o 5>~ '!? ~rn ~ ~ :::- ~ N