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HomeMy WebLinkAbout03-0437CHARLES I. PERSONEUS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA HERSHEY, DEFENDANT 03-0437 CIVIL TERM ORDER OF COURT AND NOW, this 07 day of September, 2004, a hearing on the within petition for emergency relief shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania on Friday, October 8, 2004, at 9:00 a.m. By lAmaj-, It ep'47 ./Andrew C. Spears, Esquire For Plaintiff :sal Edgar B. Bayley, C°PA-"' 09-a7_Qq Co t"no :z Ord z d3S aooz t?`?i?ro?oba s CHARLES I. PERSONEUS, V. AMANDA HERSHEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03 -1« ry / IN CUSTODY 0,o,(,'-79" COMPLAINT IN CUSTODY AND NOW, this -??day of , 2003, comes the Plaintiff, Charles 1. Personeus, by and through his attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: The Plaintiff, Charles I. Personeus, is an adult individual currently residing at 107 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013 2. The Defendant, Amanda Hershey, is an adult individual currently residing at an unknown address believed to be somewhere in Perry County, Pennsylvania. 3. Plaintiff seeks primary physical custody and shared legal custody of the following minor child: Name Kiara Marie Personeus Present Address 107 East Willow Street Carlisle, PA 17013 Date of Birth 10/06/1999 Plaintiff and Defendant are the natural parents of the above mentioned minor child. The minor child was born out of wedlock. Document #260499 The minor child is presently in the custody of Plaintiff who resides at 107 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013. Since birth, the minor child has resided with the following persons at the following addresses: Name Charles I. Personeus Amanda Hershey Charles I. Personeus Amanda Hershey Charles 1. Personeus Amanda Hershey Charles I. Personeus Address 696 Walborn Lane Millersburg, PA 17061 767 East Union Street Millersburg, PA 17061 107 East Willow Street Carlisle, PA 17013 107 East Willow Street Carlisle, PA 17013 Date Birth to August 2001 August 2001 to August 2002 August 2002 to January 23, 2003 January 23, 2003 to present The mother of the minor child is Defendant, Amanda Hershey, who currently resides at an unknown address believed to be somewhere in Perry County, Pennsylvania. The father of the minor child is Plaintiff, Charles I. Personeus, who currently resides at 107 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. The relationship of Defendant to the minor child is that of natural mother. The Defendant resides with the following persons: Name Relationshin Unknown Boyfriend 5. The relationship of Plaintiff to the minor child is that of natural father. The Plaintiff currently resides with the following persons: -2- Document #760499 Name Relationship Kiara Marie Personeus Daughter 6. Plaintiff has no information of a custody proceeding concerning the minor child pending in a court of law of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor child or claims to have custody or visitation with respect to the minor child. 7. The best interest and permanent welfare of the minor child will be served by granting the relief requested because: (a) Plaintiff, Charles I. Personeus, has been actively involved in the raising of the minor child since birth; (b) Plaintiff, Charles I. Personeus, is in a position, both financially and emotionally, to provide stability and custody for the minor child; (c) Plaintiff, Charles I. Personeus, is in a position to provide a stable, responsible environment for the raising of the minor child; (d) The best interest of the minor child will best be served by maintaining a relationship with her father; and (e) It is unknown where Defendant resides and with whom she is currently residing. 8. Each parent whose parental rights to the minor child have not been terminated and the person who has physical custody of the minor child have been named as parties to this action. -3- Document #260499 WHEREFORE, the Plaintiff, Charles I. Personeus, requests the Court to grant him primary physical custody and shared legal custody of the minor child. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By l Andrew . Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: \ - Vi--- s -4- Document #260499 VERIFICATION I, Charles Personeus, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Charles Personeus Dated: I - a S • <z) Document #248654 CERTIFICATE OF SERVICE 1, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Complaint for Custody with reference to the foregoing action by first class mail, prepaid, this ?hday of 2003, on the following: Amanda Hershey 107 East Willow Street Carlisle, PA 17013 Andrew C. Spears, Esquire Document 9260499 r, _. , CHARLES I. PERSONEUS IN THE COURT' OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA HERSHEY DEFENDANT • 03-437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, March 17, 2003 at 1:00 PM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. y Custody Conciliator 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 THIS 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 G" ? :1 p d L °- 03J C0 CHARLES I. PERSONEUS, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN CUSTODY AMANDA HERSHEY Defendant : NO. 03-g37CIVIL TERM PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Amanda Hershey, in the above-captioned matter. Date: ")111W Z_ Heather Fine Certified Legal Intern ROBER INS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ?- ?? ?? ?,, ? i ? _? _?, 1 t- _ ?-- (_ ?. _ . ?' r. ?i .. ? -- ~ t ? --:J °? CHARLES I. PERSONEUS, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN CUSTODY AMANDA HERSHEY Defendant : NO. CIVIL TERM CERTIFICATE OF SERVICE I, Heather Fine, Certified Legal Intern, Family Law Clinic, do hereby certify that I have served a true and correct copy of the Praecipe to Enter Appearance on the following person, counsel for the plaintiff, by depositing a copy of the same in the United States mail, postage prepaid, this 71b day of February, 2003. Andrew C. Spears, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 Harrisburg, PA 17110-0300 Date: a ? ,:?73 Heather Fine Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 4:i i T3 t±.{ f wrj lQ CHARLES I. PERSONEUS, Plaintiff VS. AMANDA HERSHEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-437 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this aY of , 2003, upon 2?._ consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Charles I. Personeus, and the Mother, Amanda Hershey, shall have shared legal custody of Kiara Marie Personeus born on October 6, 1999. 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 general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall share having physical custody of the Child in accordance with the following schedule: A. Until such time as the Mother obtains daytime employment, the Mother shall have custody of the Child on Monday through Friday from 8:15 am through 6:45 pm each day and on alternating weekends from Friday at 8:15 am through Sunday at 12:00 noon, and the Father shall have custody on Monday through Thursday from 6:45 pm through the following morning at 8:15 am and on alternating weekends from Friday at 6:45 pm through Monday morning at 8:15 am. B. At such time as the Mother obtains daytime employment during the week, the parties shall alternate having custody of the Child on weekends. During weeks following the Father's weekend periods of custody, the Mother shall have custody of the Child from Monday through Tuesday and the Father shall have custody from Wednesday through Friday. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child from Monday through Tuesday and the Mother shall have custody shall have custody from Wednesday through Friday. The specific times for exchanges of custody under this sub paragraph shall be arranged by agreement to accommodate both parties' work schedules. C. The parties agree that the Father's parents shall provide care for the Child when both parties are working on weekdays. 3. The parties shall share having custody of the Child on holidays in accordance with the following schedule: A. CHRISTMAS: In every year the Mother shall have custody of the Child from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and the Father shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. B. THANKSGIVING / EASTER: The parties shall equally share having custody of the Child on Thanksgiving Day and Easter Sunday every year, with the specific times to be arranged by agreement. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. The parties shall exchange custody of the Child at the Sheetz Store in Plainfield, unless otherwise arranged by agreement. 5. Both parties shall ensure that the Child has separate sleeping arrangements in each household. 6. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. If,after abiding by the custody schedule provided in paragraph 2 B of this Order for a period at least two months, either or both parties feel that the schedule is not serving the needs of the Child, counsel for either party may contact the conciliator to schedule an additional conference for the purpose of reviewing the ongoing arrangements. 8. 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: Heather Fine and Robert Rains, Esquire - Counsel for Mother Andrew C. Spears, Esquire - Counsel for Father 9- y.nr,?,s;,-t t, C?r?l?Yf?f.-f e ._I _. CHARLES I. PERSONEUS, Plaintiff vs. AMANDA HERSHEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-437 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Kiara Marie Personeus October 6, 1999 Father/ Mother 2. A Conciliation Conference was held on March 17, 2003, with the following individuals in attendance: The Father, Charles I. Personeus, with his counsel, Andrew C. Spears, Esquire and the Mother, Amanda Hershey, with her counsel, Heather Fine and Robert Rains, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator CHARLES I. PERSONEUS, Plaintiff VS. AMANDA HERSHEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7 day of J?Atz , 2004, upon consideration of the attached Custody Conciliation Report, it is or ed and directed as follows: 1. The prior Order of this Court dated March 25, 2003 is vacated and replaced with this Order. 2. The Father, Charles I. Personeus, and the Mother, Amanda Hershey, shall have shared legal custody of Kiara Marie Personeus, born October 6, 1999. 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 general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place every week on Sunday at 8:00 pm. The first period of weekly custody under this provision shall begin with the Father having custody on Sunday, February 8, 2004. Until the alternating weekly schedule goes into effect, the Father shall have custody of the Child from January 28 through 30, the Mother shall have custody from January 31 through February 1, the Father shall have custody from February 2 through 3, and the Mother shall have custody from February 4 through 8. 4. The parties shall share having custody of the child on holidays in accordance with the following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. THANKSGIVING / EASTER: The parties shall equally share having custody of the Child on Thanksgiving Day and Easter Sunday every year, with specific times to be arranged by agreement. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. The parties shall exchange custody of the Child at the Sheetz Store in Plainfield, unless otherwise arranged by agreement. 6. Both parties shall ensure that the Child has separate sleeping arrangements in each household. 7. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. In the event either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer, that parent shall provide the other parent with advance notice and an address and telephone number where the Child can be contacted. 9. If, after following the custody schedule provided in this Order for a period of at least 3 months, either or both parties feel that the schedule is not serving the needs of the Child, counsel for either party may contact the conciliator to schedule an additional conference for the purpose of reviewing the ongoing arrangements. 10. 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 T COURT Edgar B. Bayley J. cc: Andrew C. Spears, Esquire - Counsel for Father ,/Ilarold S. Irwin Esquire - Counsel for Mother LLJ :. CL- i ti 1 •u n S L F - V .. ti a -e5: CHARLES I. PERSONEUS, Plaintiff VS. AMANDA HERSHEY Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-0437 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Kiara Marie Personeus October 6, 1999 Mother / Father 2. A Conciliation Conference was held on January 27, 2004, with the following individuals in attendance: The Father, Charles I. Personeus, with his counsel, Andrew C. Spears, Esquire, and the Mother, Amanda Hershey, and her counsel, Harold S. Irwin, Esquire. 3. The parties agreed to entry of an Order in the form as attached. )&V-U9!? Ote '"C)tl Date Dawn S. Sunday, Esquire Custody Conciliator CHARLES I. PERSONEUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 03-0,437 AMANDA HERSHEY, Defendant IN CUSTODY PETITION TO MODIFY CUS'rODY AND NOW, this \??day of September, 2004, comes the Petitioner, Charles I. Personeus, by and through his attorneys Metzger, Wickersham, Knauss & Erb, P.C., and files the within Petition of which the following is a statement: 1. Petitioner is Plaintiff Charles I. Personeus (hereinafter "Father"), natural father of the following Minor Child: Kiara Marie Personeus, dob: 10/6/1999 (hereinafter "the Minor Child"). Father currently resides at 673 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013. Respondent is Defendant Amanda Hershey (hereinafter "Mother"), natural mother of the Minor Child. Mother is believed to currently reside at 1340 Baltimore Pike, Gardners, Adams County, Pennsylvania, 17324. On or about February 3, 2004 a Stipulated Custody Agreement and Order was entered by this Honorable Court. 311678-1 4. The Custody Order dated February 3, 2004 is attached hereto as Exhibit A and incorporated herein by reference and provides, inter alia, that the custody of the Minor Child shall be exercised between the parties as follows: a. The parties shall share legal custody of the Minor Child; b. The parties shall share physical custody of the Minor Child on an alternating weekly basis with the exchange to take place every week on Sundays at 8:00 pm. 5. Since the entry of said Order there have been significant changes in the custodial circumstances. 6. Father has recently learned that Mother has just broken up with her boyfriend to whom she has another child. The boyfriend has moved out of the residence and taken the other minor child with him and is seeking a Protection From Abuse order against Mother. 7. Further, Mother's boyfriend was the only source of income and support Mother had with the exception of child support paid by petitioner. 8. Father does not believe that Mother will be able to stay in the rented home she currently resides in as she has no sources of income and that she will be forced to live elsewhere. Further Father has learned that Mother is currently being investigated by Children and Youth Services and fears for the safety of the minor child. 9. The best interest of the Minor Child will best be served if this Honorable Court modifies the aforementioned Custody Order granting Father primary physical custody of the Minor Child. Father respectfully requests that said Custody Order be modified granting primary physical custody of the Minor Child to Father and partial physical custody of the Minor Child to Mother. 311678-1 WHEREFORE, Petitioner, Charles I. Personeus respectfully requests that this Honorable Court grant the modification to the custody Order as set forth above. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esqu rei Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys forPlaintiff/Petitioner Dated: 311678-1 Y VERIFICATION I, Charles I. Personeus, do hereby verify that the facts set forth in the foregoing Petition to Modify Custody order are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification 1:0 authorities. Charles I. Personeus Date: p , 0 q 311678-1 CERTIFICATE OF SERVI(:E 1, Andrew C. Spears, Esquire, of the law fine of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Petition to Modify Custody Order with reference to the foregoing action by first class mail, postage prepaid, this ? ? s? A4v) day of September, 2004, on the following: Amanda Hershey 840 Baltimore Pike Gardners, PA 17324 ? Andrew C. Spears 311678-1 C J A .z- ? cn ? R M ? rT ' la ? )))??1 t a, 5l 7 r a ? j ' CIN c_ m CHARLES L PERSONEUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 03-04:37 AMANDA HERSHEY, Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF Petitioner/Plaintiff is Charles I. Personeus, currently residing at 673 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania, 17013, (hereinafter "Father"). 2. Respondent/Defendant is Amanda Hershey, whose last known mailing address was 840 Baltimore Pike, Gardners, Adams County, Pennsylvania, 17324 (hereinafter "Mother"). 3. Petitioner is the natural father of the Minor Child Kiara Marie Personeus date of birth October 6, 1999. Respondent is the natural mother of the Minor Child. 4. Mother was residing with her boyfriend at 840 Baltimore Pike, Gardners, Adams County, Pennsylvania, 17324 until a recent separation occurred. 5. Father has just learned that Mother's boyfriend has left the residence and taken the child Mother and the boyfriend have together with him due to concerns with the home environment. 6. Further, Mother's ex-boyfriend was her only source of income and she cannot afford the rent to the residence on her own and has had to vacate the premises. Therefore Mother has informed Father that she cunrently does not have a place to live. Father is concerned for the well being of the Minor Child as the parties currently have a shared physical custody arrangement on an alternating weekly basis since February 3, 2004 by 311680-1 Stipulated Order of this Court. Mother has informed Father that she is staying at different friends' homes for the time being. 8. In addition, Mother's boyfriend has filed for a Protection From Abuse order. 9. Father believes it would be in the best interest of the Minor Child if he would have temporary Primary Physical Custody of the Minor Child until Mother's situation can be worked out. 10. Father believes that the health and well being of the Minor Child will be irreparably harmed if she is forced to bounce around with Mother until Mother can find somewhere to live permanently. Father believes the Minor Child needs a more stable home environment than the one Mother currently has. Therefore Father believes that it would be in the best interest of the Minor Child that she be turned over to Father's custody until a Custody Conciliation can be scheduled in this matter and a long term solution can be reached. 311680-1 WHEREFORE, Petitioner/Plaintiff respectfully requests this Honorable Court grant the following relief: a. Enter an Emergency Custody Order, instructing that Minor Child Kiara Marie Personeus be turned over to the custody of her natural father Petitioner/Plaintiff Charles I. Personeus; b. Grant Mother reasonable periods of partial physical custody as the parties can agree; and c. Enter any other relief deemed just and appropriate from the Court. Respectfully submitted, METZGER, WICKERSHA M, KNAUSS & ERB, P.C. Andrew C. Spears 3211 North Front Street P. O. Box 5300 Date: Harrisburg, PA 17110-0300 (717) 238-8187 311680-1 VERIFICATION I, Charles 1. Personeus, verify that the statements made and facts presented in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Charles I. Personeus 311680-1 CERTIFICATE OF SERVICE AND NOW, this ?, day of September, 2004, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Petitioner/Plaintiff, hereby certify that I served a copy of the within Petition for Emergency Relief in this matter this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ms. Amanda Hershey 840 Baltimore Pike Gardners, PA 17324 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears, Esquire Attorney Id. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: September 2004 311680-1 _ s- ?. (? r -jcJ O"? -? ?• _ h ' G {'J CHARLES I. PERSONEUS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-437 CIVIL ACTION LAW AMANDA HERSHEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October OS 2004 it is hereby directed that parties and their respective counsel appear befuponore ])awn of the attached Complaint, at 39 West Main Street, Mechanicsbur PA 17055 awn S. Sunday Esq the conciliator, on Tuesday, November 02, 2004 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; 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. The court hereby directs the parties to furnish any and all existing ;Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ a on S Cz dV Fso. mhc Custody Conciliator. 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 THIS 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 32 South Bedford Sheet Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 n?7? /id %Gd' AIN, L 1 .g [IV 9- 1-0 hOgj APJV UICH).Oad ii ?o ?rU-0 T! CHARLES I. PERSO Plaintiff , V. AMANDA HERSHEY' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0437 IN CUSTODY PRAECIPE TOW ITHDRAW APPEAL To the Prothonotary: Please note that, pursuant to Pa. R. C. withdraws his appearance as attorney for p. 1012, Harold S. Irwin, III, Esq., hereby Amanda Hershey, the Defendant in the above- captioned matter. Date: U Harold S. Irwin, rrr, 64 South Pitt Street Carlisle, PA 17013 ,,RAECIPE TO ENTER APPEARANCE To the Prothonotary: Of the Family Law Clinic on behalf of Amanda Hershey, Please enter the appearance 'In the Defendant in the above captioned matter. Date: Certified Legal Intern ucy . o on-Walsh, Esq. Anne MacDonald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ?'J '?"? (",°> ?._. _? ??? ..y , :.. .r l'!7 -! ? Y: i'; ; ? it . ? ii ? ( C7 _ CCU, j i T! r C.) l'1 ?, CHARLES LPERSONEUS Plaintiff V. AMANDA HERSHEY Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW :IN CUSTODY NO. 03-437 CIVIL TERM CERTIFICATE OF SERVICE I, Carlesha R. Green, Certified Legal Intern, F have served a true amrly Law Clinic, do hereby certify that I and correct copy of the Praecipe to Enter/Wit;hdraw A following person, counsel for the plaintiff, b PPearance on the 2004. by hand delivery of the same, this 8`h day of October, Andrew C. Spears, Esquire Metzger, Wickersham, Knauss & Erb, P.C 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110_0300 Date:_ O(?bC4 O 7/r x ?-arresha R. Green Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, IDA 17013 C C3 G, i ?. c ? ?-, °c: -, . ,?? '. ? r.Sa ,., }- .:??.,. ? Iii ?-' -ro .... j :.::: I (r ?/.) ? ' . ? !?1 w ^?. M? ? ? ?r ? ,ry CHARLES I. PERSONEUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AMANDA HERSHEY, Defendant NO. 03-0437 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of October, 2004, this matter having been called on a petition for special relief, the Court being satisfied that the child is adequately protected under the current custodial arrangement as set forth in the current court order and as modified by the parties, pending conciliation the motion for emergency relief, IS DRNT drew C. Spears, Esquire For Plaintiff vLarlesha Rayett Green, Certified Legal Intern Family Law Clinic For Defendant prs 1 V 31 :? ;!<9 1 ; 1a?7'??CZ NOV 1 0 ?004 r CHARLES I. PERSONEUS Plaintiff vs. AMANDA HERSHEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated February 3, 2004, shall continue in effect as modified by this Order. 2. The Child shall be enrolled in the Boiling Springs School District, in which the Father resides for the beginning of the 2005-2006 school year. 3. The parties agree to cooperate in establishing a custody schedule for the beginning of the 2005-2006 school year which will enable the Child to attend school in the Boiling Springs School District and continue to share having custody on an alternating weekly basis during the summer school breaks each year. 4. Both parties shall ensure that there are no illegal drugs or drug paraphenalia in their residences at any time and shall ensure that there is no illegal drug use in their residences or anywhere in the presence of the Child during periods of custody. 5. Counsel for either party may contact the conciliator prior to the beginning of the 2005-2006 school year to assist the parties in establishing a school year schedule, i c sary. BY Bayley J. cc: L.,<idrew C. Spears, Esquire - Counsel for Father ,4 Tina Masi and Robert E. Rains, Esquire - Counsel for Mother V I' CHARLES I. PERSONEUS Plaintiff VS. AMANDA HERSHEY Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-437 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Kiara Marie Personeus October 6, 1999 Mother/Father 2. A conciliation conference was held on November 2, 2004, with the following individuals in attendance: The Father, Charles I. Personeus, with his counsel, Andrew C. Spears, Esquire, and the Mother, Amanda Hershey, with her counsel, Brina Masi and Robert E. Rains, Esquire. 3. The parties agreed to entry of an Order in the form as attached. N 0 ve.,r 6&'- el a00 ??i 1 Date Dawn S. Sunday, Esquire Custody Conciliator CHARLES I. PERSONEUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. IN CUSTODY AMANDA HERSHEY NO: 03-437 Defendant CUSTODY AGREEMENT THIS AGREEMENT, made this day of 2005, between Amanda Hershey, hereinafter Mother, and Charles L Personeus, hereinafter Father, concerns the custody of the child, Kiara Marie Personeus, born October 6, 1999. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: Mother and Father shall share legal custody of the minor child. 2. Father shall have primary physical custody of the minor child, Mother shall have custody of the child every other weekend from Friday at 5:30 pm until Sunday at 6:00 pm. a. In the event that a school holiday falls on a Monday following the Mother's custodial weekend, Mother's custodial period shall be extended to include the additional day. On such weekends, Mother shall then have custody of the child from Friday at 5:30 pm to Monday at 6:00 pm. b. In the event that a school holiday falls on a Friday of the Mother's custodial weekend, then her custodial period shall be extended to include the additional day. On such weekends, Mother shall then have custody of the child from Thursday at 5:30 pm to Sunday at 6:00 pm. 4. Mother will also have the option of one additional custodial period per week, on a weekday from 5:30 pm to 8:00 pm, provided she give Father twenty-four (24) hours notice. 5. During the summer school vacation, Mother and Father shall alternate custody on a week on / week off schedule. The parties shall exchange custody of the child on Sundays at 8:00 pm at the Hess gas station on High Street. 6. The Mother and Father shall alternate custody of the child on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. a. Beginning in 2006, Father shall have custody on Easter Sunday, Mother shall have custody on Memorial Day, Father shall have custody on Fourth of July, Mother shall have custody on Labor Day, and Father shall have custody on Thanksgiving. The parties shall alternate these holidays on a yearly basis, b. Mother shall always have the child on Mother's Day, and Father shall always have the child on Father's Day. C. The times for the custodial periods on the holidays in this paragraph shall be from 9:00 am until 8:00 pm if the child is in custody of the other parent. 7. The parties shall share custody of the child for the Christmas holiday. One parent shall have custody of the child from noon on December 24 until 10:00 am on December 25 and the other parent shall have custody of the child from 10:00 am on December 25 until noon on December 26. The parties shall alternate these two periods with the Mother having the child the first period in odd years and second period in even years. 8. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 9. Mother and Father shall keep one another advised of their current address and telephone number. 10. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify the other as soon as possible of any medical emergencies which arise while the child is in that parent's care. 11, Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love and respect for the other parent. 12. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 13. 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. 14. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of Court. C3,,. J ,, en zu t-w ? / Charles L Personeus, Plaintiff Amanda Hershey, D ndant /ertiffileddd ornall Legal mern Counsel for Defendant ?J Rob ains Thomas M. Place Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 l?f I .' S. T DEC 0 2 2005 CHARLES I.PERSONEUS, Plaintiff V. AMANDA HERSHEY Defendant IN THE COURT OF COMMON kEAS OF - -- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO: 03-437 ORDER OF COURT And now, this OA- day _ 2005, the attached Agreement is approved and entered as an Order of the Court. The prior order, dated November 15, 2004, is hereby vacated. i? J. o? ?? ?, ? ;,. , , r. `_ <:: i _ , ?? Mr. Charles I. Personeus, Plaintiff V. Ms. Amanda Lynne Hershey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 03 - 437 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ms. Amanda Lynne Hershey, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date /5 Respectfully submitted, ??, t- -1 6 ? ? ? Sarah Rosko Certified Legal Intern MEGA RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 FLED, riCE ? '. rh,?r GARY OF THE R' 2009 SE P 15 PH 2: 53 Mr. Charles I. Personeus, Plaintiff V. Ms. Amanda Lynne Hershey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 03 - 437 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Amanda Lynn Hershey, by her attorneys, the Family Law Clinic, respectfully represents that there is a civil custody case docketed to No. 03-437 and a dependency action docketed to No. CP-21-JV-43-2006 concerning the custody of Kiara Marie Personeus, DOB: 10/6/1999 true and correct copies of which are attached. The dependency action was opened on February 17, 2006 and closed on February 14, 2007. On March 7, 2006, an Order of Court was entered under the dependency docket under which Charles Personeus, herein after "Father," has primary physical custody of the child, and Amanda Hershey, herein after "Mother," has day time supervised visitation with the child. This is the latest order regarding custody of the child. Mother has not had any period of visitation with the child since Christmas 2007. 2. This Order should be modified because: a. Mother has not had a visit with the child since Christmas Eve 2007. On that day, Mother had only half an hour with the child. b. Mother repeatedly attempts to contact Father via telephone to arrange times for her to spend with the child. Often Mother's telephone calls go answered. c. On the few occasions Mother's telephone calls are answered, Mother's requests to speak with the child are denied. d. Mother has periods of custody of her other child, Lindzey Bankert, every other weekend. Mother wishes that the child be able to spend time with her half-sister, as the two have not seen or spoken to each other in over two years. e. Mother's situation has dramatically improved since the entry of the March 7, 2006 Order of Court was entered. Mother now has stable housing and employment, and has remained alcohol and drug free for over three years. WHEREFORE, Mother asks that the Court modify the existing Order for Custody and grant Mother partial physical custody because it will be in the best interest of the child. Date: 15/0 l Sarah Rosko Certified Legal Intern )"k?lf MEGAN ESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: _C I ?I IrO4 Aman a H rshey CERTIFICATE OF SERVICE I, Sarah Rosko , Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 15th day of September, 2009: Charles I. Personeus 673 S. Middlesex Road Carlisle, PA 17013 1 ? Sarah Rosko Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 A BMW S OF IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PENNSYLVANIA CP-21-JV-43-2006 IN THE MATTER OF KIARA PERSONEUS, Born 10/6/98 A JUVENILE AND IN THE MATTER OF LINDZEY BANKERT, Born 10/28/03 A DEPENDENT JUVENILE ORDER OF COURT AND NOW, this 7th day of March of 2006, after hearing, the Court does find that the child, Lindzey Bankert, is dependent and that custody be placed with the paternal grandparents subject to a continuing home study by Cumberland County Children and Youth Services (Agency). Until further Order of Court, all visits between this child and the mother shall be supervised at the Agency. With regard to the child, Kiara Personeus, the Court finds that she is not a dependent child. Her father shall have primary custody of her, and the Agency shall arrange for a suitable place for mother to have supervised visits with the child. Both the mother and father of Kiara will cooperate to schedule suitable times for daytime visits with the mother. No overnight visits with the mother are authorized without further Order of Court. Prior to any revision of this Order, Amanda Hershey is ordered to attend and successfully complete the TIPS Parenting Program and to follow their recommendations. She is ordered and directed to submit to a drug and alcohol evaluation within two weeks of today's date, and to follow all the recommendations made in the evaluation. She will submit to random drug testing. She is ordered and directed to obtain stable housing and employment. With regard to Daniel Bankert, the Court directs that the Agency review the current drug and alcohol evaluation CP-21-JV-43-2006 recently completed by Daniel Bankert. Daniel Bankert will submit to an additional Drug and Alcohol evaluation, if in the discretion of the Agency such is required. Daniel Bankert is directed to submit to random drug and alcohol testing. He shall provide the correct name, spelling, date of birth and social security number of his current girlfriend, Deanna Kitner, to the Agency in order that a proper background check can be completed for her. Said information shall be provided on or before March 15, 2006. The Court finds that all reasonable efforts have been made to prevent this placement and that this placement is deemed to be safe and in the best interests of both of these children at this time. By the Court, ??\ `?' ?_a '. M. L. Ebert, Jr., J. Lindsay Dare Baird, Esquire For CCCYS Jane Adams, Esquire Court-appointed Guardian Ad Litem .,Megan Malone, Esquire Court-appointed for Amanda Hershey Kathleen Shaulis, Esquire Court-appointed for Charles Personeus NASA John Mangan, Esquire Court-appointed for Daniel Bankert i CCCYS DEC 0 2` 2005 r Exhibit CHARLES I. PERSONEUS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. IN CUSTODY AMANDA HERSHEY NO: 03-437 Defendant day the attached Agreement is approved And now, this LP UM&J and entered as an Order of the Court. The prior order, dated November 15, 2004, is hereby vacated. f;cbF n, y hand O "ER OF COURT of 2005, CHARLES I. PERSONEUS, Plaintiff V. AMANDA HERSHEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO: 03-437 CUSTODY AGREEMENT 40 COPY THIS AGREEMENT, made this day of , 2005, between Amanda Hershey, hereinafter Mother, and Charles I. Personeus, hereinafter Father, concerns the?ustday a of the child, Kiara Marie Personeus, bom October 6, 1999. : _.. C:) Mother and Father desire to enter into an agreement as to the custody of the*ld. c3 Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the minor child. 2. Father shall have primary physical custody of the minor child. 3. Mother shall have custody of the child every other weekend from Friday at 5:30 pm until Sunday at 6:00 pm. a. In the event that a school holiday falls on a Monday following the Mother's custodial weekend, Mother's custodial period shall be extended to include the additional day. On such weekends, Mother shall then have custody of the child from Friday at 5:30 pm to Monday at 6:00 pm. b. In the event that a school holiday falls on a Friday of the Mother's custodial weekend, then her custodial period shall be extended to include the additional day. On such weekends, Mother shall then have custody of the child from Thursday at 5:30 pm to Sunday at 6:00 pm. 4. Mother will also have the option of one additional custodial period per week, on a weekday from 5:30 pm to 8:00 pm, provided she give Father twenty-four (24) hours notice. 5. During the summer school vacation, Mother and Father shall alternate custody on a week on / week off schedule. The parties shall exchange custody of the child on Sundays at 8:00 pm at the Hess gas station on High Street. 6. The Mother and Father shall alternate custody of the child on the following holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. a. Beginning in 2006, Father shall have custody on Easter Sunday, Mother shall have custody on Memorial Day, Father shall have custody on Fourth of July, Mother shall have custody on Labor Day, and Father shall have custody on Thanksgiving. The parties shall alternate these holidays on a yearly basis. b. Mother shall always have the child on Mother's Day, and Father shall always have the child on Father's Day. C. The times for the custodial periods on the holidays in this paragraph shall be from 9:00 am until 8:00 pm if the child is in custody of the other parent. 7. The parties shall share custody of the child for the Christmas holiday. One parent shall have custody of the child from noon on December 24 until 10:00 am on December 25 and the other parent shall have custody of the child from 10:00 am on December 25 until noon on December 26. The parties shall alternate these two periods with the Mother having the child the first period in odd years and second period in even years. 8. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 9. Mother and Father shall keep one another advised of their current address and telephone number. 10. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Mother and Father will notify the other as soon as possible of any medical emergencies which arise while the child is in that parent's care. 11. Neither parent will do anything which may estrange the child from the other parry, or injure the opinion of the child as to the other parent, or which may hamper the free and natural development of the child's love and respect for the other parent. 12. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 13. 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. 14. The parties intend to be bound by the terms of this Agreement and intend that this Agreement be entered as an Order of Court. Charles I. Personeus, Plaintiff Amanda Hershey, D ndant y ! JI J e M. ornall Certified Legal Intern Counsel for Defendant Rob ins Thomas M. Place Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attomeys Counsel for Defendant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 FRLF?:? J,r OF THE r 27C vii' ri • Fr.FILMCGents 11966 Personeus\11966.I.pra a Revised: 9,21109 3:49PM i Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CHARLES I.PERSONEUS, Plaintiff v. AMANDA LYNNE HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 03-437 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Plaintiff in the above matter. MARTSON LAW OFFICES By ' Jennif . Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: Septembe?2 2009 ? Z i CERTIFICATE OF SERVICE 1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Sarah Rosko Certified Legal Intern Megan Riesmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 MARTSON LAW OFFICES Y *4471 ncia iDDEckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September _L 2009 cwt= THE! 2099 SEP 22 P 'i ; . '6 CHARLES I. PERSONEUS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-437 CIVIL ACTION LAW AMANDA LYNNE HERSHEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 21, 2009 _ at 10:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator 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 THIS 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Fit 2009 SEP 24 AM 10, 0 5 CUM* i s Iry Gam` - a ? "G a ®?' 1/104 ..45?i Z? )10fr g` eA ` M a OCT 2 3 2009 ? CHARLES I. PERSONEUS Plaintiff vs. AMANDA LYNNE HERSHEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of 2009, upon consideration of the attached Custody Conciliation Rep it is ordered and directed as follows: 1. Pending the follow-up custody conciliation conference scheduled in this Order, the Mother shall have supervised periods of custody with Kiara Marie Personeus, born October 6, 1999, at the Mother's residence on Sundays from 11:00 a.m. until 2:00 p.m., for which the paternal grandmother has agreed to provide supervision and transportation. 2. The Father shall continue to have primary physical custody of the Child. 3. Prior to Saturday, October 24, the Father shall provide, through counsel, to the Mother the Child's soccer schedule for the purpose of enabling the Mother to attend the Child's soccer games. 4. Within 10 days of the custody conciliation conference, the Mother shall provide to the Father, through counsel, written confirmation of completion of the TIPS Parenting Program, a drug and alcohol evaluation and the results of all random drug testing which has been conducted since the Court's 2006 Order. 5. The Father shall determine whether his medical insurance plan covers family therapy and shall provide the insurance information to his counsel and to the Mother, through counsel. In the event medical insurance is available to cover family therapy, the parties shall cooperate in selecting a counselor to address the issues related to the reunification between the Mother and the Child. 6. The parties and counsel shall attend a follow-up custody conciliation conference, in the office of the conciliator, Dawn S. Sunday, on November 19, 2009 at 10:30 a.m. for the purpose of reviewing the custodial arrangements. 7. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. 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. cc: J?fifer L. Spears, Esquire - Counsel for Father /Sarah Rosko and Megan Riesmeyer, Esquire - Counsel for Mother CHARLES I.PERSONEUS Plaintiff vs. AMANDA LYNNE HERSHEY Defendant Prior Judge: Edgar B. Bayley/M. L. Ebert, Jr. CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Kiara Marie Personeus October 6, 1999 Father 2. A custody conciliation conference was held on October 21, 2009, with the following individuals in attendance: the Father, Charles I. Personeus, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Amanda L. Hershey, with her counsel, Sarah Rosko and Megan Riesmeyer, Esquire. 3. This Court previously entered an Order in these custody proceedings on December 6, 2005 incorporating the terms of the parties' agreement. Subsequently, this Court entered an Order on March 7, 2006 in dependency proceedings concerning the Child who is the subject of this litigation and the Mother's child of another relationship. Under the Order entered in the dependency proceedings, Kiara was found not to be dependent and primary physical custody was awarded to the Father. The Mother was granted supervised visitation and any future revision of the dependency order was conditioned upon the Mother completing the TIPS Parenting Program, submission to a drug and alcohol evaluation, submission to random drug testing and acquisition of stable housing and employment. The dependency proceedings have been closed. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-437 4. For reasons in dispute between the parties, the Mother has not had significant contact with the Child since December 2007, although the Mother has seen the Child at her birthday celebrations at school over the past two years. 5. In order to initiate regular contact between the Mother and Child, the parties agreed to an Order in the form as attached pending further review of the custody arrangements at the follow-up conference. ©c koX4 a2, 3_? 9 Date Dawn S. Sunday, Esquire Custody Conciliator aF 4 -0 vTPA 21! OCT 26 AN 10: 50 .L NOV 2 0 2000 6 CHARLES I. PERSONEUS Plaintiff vs. AMANDA LYNNE HERSHEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 day of - L.rj , 2009, upon consideration of the attached Custody Conciliation Re rt, it is order and directed as follows: 1. The prior Order of this Court dated October 26, 2009 is vacated and replaced with this Order. 2. The Mother, Amanda L. Hershey, and the Father, Charles I. Personeus, shall have shared legal custody of Kiara Marie Personeus, born October 6, 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Child. 4. Pending the reunification counseling required by this Order and the follow-up custody conciliation conference scheduled in this Order and further Order of Court or agreement of the parties, the Mother shall have partial physical custody of the Child on alternating Sundays from 11:00 a.m. until 6:00 p.m., for which the paternal grandmother may bring the Child and stay to visit. The parties shall reverse the alternating weekend periods of custody so that the Father has custody of the Child on the weekend of November 22 and the Mother has custody of the Child on Sunday, November 29. The regular alternating Sunday schedule shall resume thereafter with the Mother having custody of the Child on Sunday, December 6. 5. On Thanksgiving in 2009, the Father shall have custody of the Child until 3:00 p.m. on Thanksgiving Day and the Mother shall have custody of the Child from 3:00 p.m. until 9:00 p.m. on Thanksgiving Day. 6. For the Christmas holiday in 2009, the Father shall have custody of the Child on Christmas Eve through Christmas Day at 12:00 noon and the Mother shall have custody on Christmas Day from 12:00 noon until 7:00 p.m. The Mother shall have additional periods of custody with the Child over the Christmas holiday during the Mother's time off work with the specific arrangements to be made by agreement between the parties with the assistance of counsel. 7. The reunification counseling process which the parties have initiated following the prior custody conciliation conference shall continue in an expeditious manner. The Father shall promptly schedule additional sessions for the Child and the Mother shall schedule, in coordination with the Father, her appointments with the Child at the counselor's office. The parties acknowledge that it is their intention to complete the reunification counseling process prior to the follow-up custody conciliation conference scheduled in this Order. The parties shall cooperate with each other in ensuring that the counseling is completed in a timely manner. 8. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, February 3, 2010 at 10:30 a.m. 9. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Getty Station in Boiling Springs. 10. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. 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 cc: Jennifer L. Spears, Esquire - Counsel for Father Sarah Rosko and Megan Riesmeyer, Esquire - Counsel for Mother c a, ?yvut uL //- 3- o 0 FILED- :)1--RCE OF THE PFC)THONOTARY 2009 NOV 23 AM 9: 22 Ci11tY ?. 1-w a? ijui N T Y RENINSYLV JA. CHARLES I. PERSONEUS Plaintiff VS. AMANDA LYNNE HERSHEY Defendant Prior Judge: Edgar B. Bayley/M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-437 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Kiara Marie Personeus October 6, 1999 Father 2. A custody conciliation conference was held on November 19, 2009, with the following individuals in attendance: the Father, Charles I. Personeus, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Amanda L. Hershey, with her counsel, Sarah Rosko and Megan Riesmeyer, Esquire. 3. The parities agreed to entry of an Order in the form as attached. _ a"?L et A"ejz'?&d I ? ozOiU Date Dawn S. Sunday, Esquire Custody Conciliator FILED-011 CE OF THE' PPOTHONOTARY 2009 NOY 23 Ate Q. 22 FEB 1? 0 9 2010 CHARLES I. PERSONEUS iff l i IN THE COURT OF COMMON PLEAS OF PENISYLDNI CUMBERLAND COUNTY nt P a , w CIVIL ACTION L vs. r 2003-437 n AMANDA LYNNE HERSHEY it -iii Defendant IN CUSTODY ORDER OF COURT AND NOW, this Yh day of ` e. (%) ar y 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother shall contact Sally Rooney to schedule an individual counseling session to address her concerns regarding the reunification process and shall notify the Father of the scheduled appointment through counsel so that the Father can contact the counselor to schedule additional sessions for the Child or joint sessions for the Child and the Mother as recommended by Sally Rooney. 2. The Father shall contact the Child's physician to obtain guidance and recommendations as to a plan to protect the Child from the spread of head lice during visits at the Mother's residence with other susceptible children present. 3. The Father shall not be required to wait at the place of exchange at the beginning of the Mother's weekend periods of custody for a period in excess of 10 minutes past the scheduled exchange time unless the Mother has contacted the Father to notify of a delay. 4. Within six months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary to review the custodial arrangements or to address issues which have arisen in the reunification process between the Mother and Child. 5. 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, "k A, ?AA V M. L. Ebert, Jr. " 0 J. cc: Jemifer L. Spears, Esquire - Counsel for Father -Ashley Ferguson and Megan Riesmeyer, Esquire - Counsel for Mother t £.S' rn. 2-t. LrL CHARLES I.PERSONEUS Plaintiff vs. AMANDA LYNNE HERSHEY Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-437 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY 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 Kiara Marie Personeus October 6, 1999 Father 2. A custody conciliation conference was held on February 3, 2010, with the following individuals in attendance: the Father, Charles I. Personeus, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Amanda L. Hershey, with her counsel, Ashley Ferguson and Megan Riesmeyer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. l?Jrua?•? 3020/ D Date Dawn S. Sunday, Esquir Custody Conciliator Charles I. Personeus, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 03-437 CIVIL TERM M Amanda Lynne Hershey, h Defendant : IN CUSTODY c i CD ° ?. z? PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Amanda Hershey pursuant to Pa.R.P.C. 1.16(a) and Pa.R.C.P. 1012(b), and in support therefore avers the following: The Family Law Clinic entered an appearance in the above captioned matter on behalf of Amanda Hershey on February 11, 2003. 2. Since February 11, 2003, the Family Law Clinic has attended various legal proceedings on behalf of Ms. Hershey. 3. On March 15, 2012, Ms. Hershey and Mr. Personeus reached an informal agreement regarding custody of the child at issue. 4. There are no legal issues pending in this case. Ms. Hershey has consented to the withdrawal of the Family Law Clinic on her behalf. A copy of a consent form that Ms. Hershey signed on March 8, 2012 is attached to this petition as "Exhibit A." 6. Pursuant to Pa.R.C.P. 1012(d): the Plaintiff's address is 408 B Walnut Street, Boiling Springs, PA 17007; this petition was served on Plaintiff by mailing a copy to the aforementioned address. A copy of the certificate of service of this petition upon the plaintiff is attached to this petition as "Exhibit B." A copy of this petition was mailed to opposing counsel, Jenn Spears, at the following address: Martson Law Offices, 10 East High Street, Carlisle, PA 17013 7. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought concurrence from opposing counsel to this petition; opposing counsel concurred. 8. The prior judge to rule in the matter was the Honorable Judge M. L. Ebert, Jr. WHEREFORE, pursuant to Pa.R.P.C. 1.16(b) the Family Law Clinic respectfully requests leave to withdraw from this action. Respectfully Submitted, Date: QflI Aa Marisa Bur Burkett Certified Legal Intern 4?"I?Aja-AJ'44Y , Meg esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Mr. Charles I. Personeus, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION-LAW IN CUSTODY Ms. Amanda Lynne Hershey, Defendant NO. 03-437 CIVIL TERM CONSENT TO WITHDRAW APPEARANCE I hereby consent to the withdrawal of appearance of the Family Law Clinic on my behalf. I do not seek to have the Family Law Clinic Represent me any longer. Any further communication regarding this matter should be sent to me directly at the following address: Amanda Hershey 408 B Walnut Street Boiling Springs, PA 17007 Date 31CO 1z Amanda Hershey Charles I. Personeus IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Ms. Amanda Lynne Hershey, Defendant NO. 03 - 437 CIVIL TERM CERTIFICATE OF SERVICE I, Marisa Burkett, Certified Legal Intern, Family Law Clinic, hereby certify that on March 20, 2012, I served a true and correct copy of the Petition for Leave to Withdraw on Ms. Amanda Lynne Hershey, residing at, 408B Walnut Street, Boiling Springs, PA 17007, by depositing a copy of the same in the United States mail, first class. QLU& Marisa Burkett Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: r- Marisa Burkett Certified Legal Intern Charles I. Personeus, Plaintiff V. Amanda L. Hershey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 03-437 CIVIL TERM ORDER OF COURT AND NOW, this Z 2 day of '1A c,n , 2012, upon consideration of the attached petition and defendant's consent, it is hereby ordered that the Family Law Clinic is removed as attorney of record on behalf of Amanda L. Hershey. All further correspondence and filings concerning this matter are to be sent to Ms. Hershey directly at the following address: Amanda Hershey 408 B Walnut Street " Boiling Springs, PA 17007 FOR THE COURT: By: Cc. The Family Law Clinic /Jennifer Spears ? Amanda Hershey Copes ?Mct.lc°? ?a /ia P44 "IT -n ? til < u ter. s .