HomeMy WebLinkAbout98-01394a?
WILLIAM It. CIIENOWII'I) IN'I'I If ('Ol1R'I' OP COMMON 19.IiA5 Oh
PLAINTIFF ('()MBIiItI.AND COI1N'I'Y, I'IiNNSYI.VANIA
V.
HOLLY E. HIGGINS CI113NOWI:I'II
DEFENDANT 98-1394 CIVIL ACTION LAW
. IN CUS'T'ODY
AND NOW, Friday, August 24, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, September 24, 2001 at 9:15 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.
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 -fill.-. COURT,
By: /s/ M_eUssa P. Grvam? q. Y/1
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
6,911, ewly
[1\cunt'\I cantompt. not
WILLIAM R. CHENOWETH, IN THE COURT OP COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 98-1394 CIVIL TERM
HOLLY E. HIGGINS CHENOWETH, CIVIL ACTION - LAW
Defendant/Respondent- IN CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you have
wilfully disobeyed an order of court for partial custody and
visitation.
If you wish to defend against the claims set forth in the follow-
ing pages, you must but are not required to file in writing with the
court your defenses or objections.
Whether or not you file in writing with the court your defenses
or objections, you must appear in person in court on
at M., in Courtroom
Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT APPEAL IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST.
If the court finds that you have wilfully failed to comply with
its order for partial custody, you may be found to be in contempt of
court and committed to jail, fined or both.
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
Telephone: (717) 249-3166
BY THE COURT:
J.
!1\cuut\chonwth. pat\N-00
WILLIAM R. CHENOWETH,
Plaintiff/Petitioner
V.
HOLLY E. HIGGINS CHENOWETH,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - CUSTODY
PETITION FOR CIVIL CONTEMPT FOR
DISOBEDIENCE OF CUSTODY ORDER
The petition of William R. Chenoweth respectfully represents as
follows:
1. The Petitioner, William R. Chenoweth, is an adult individual
residing at 905 South 291h Street, Lower Allen Township, Camp Hill,
Cumberland County, Pennsylvania 17011.
2. The Respondent, Holly E. Higgins Chenoweth, is an adult
individual residing at 99 West Portland Street, Apartment 4,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. On September 25, 2000, the Honorable Edward E. Guido, Judge
of the Court of Common Pleas of Cumberland County, Pennsylvania,
entered an order awarding your Petitioner partial physical custody of
and visitation with Maxwell Jude Chenoweth, born September 21, 1997.
-1-
A true and correct copy of the Court's order is attached to this
petition as Exhibit A and incorporated by reference herein as though
fully set forth at length.
4. The Respondent has wilfully failed to abide by the Court's
Order in that she has consistently and repeatedly failed to abide by
paragraph 2 of the Court's order wherein the Petitioner was granted
certain partial custody and visitation rights with the minor child,
Maxwell Jude Chenoweth.
5. Your Petitioner avers that paragraph 2 of the Order of
September 25, 2000, has been complied with by the Respondent less than
five times since September 25, 2000. Respondent refuses to permit
Petitioner to visit with his son without Respondent being present.
6. As a result of the Respondent's willful and continuing
failure to comply with the terms of the Court's Order of September 25,
2000, your Petitioner respectfully requests this Court to: (1) hold
the Respondent in contempt of court, (2) direct the Respondent to
immediately comply with the Court's Order of September 25, 2000, (3)
direct the Respondent to reimburse the Petitioner for attorney's fees
and costs incurred in the filing of this petition with the Court, and
-2-
(4) enter such additional relief in favor of the Petitioner as this
Court deems just and appropriate.
WHEREFORE, the Petitioner respectfully requests that the Respon-
dent be held in contempt of court, ordered to immediately comply with
the terms of the Court's Order of September 25, 2000, ordered to
reimburse the Petitioner for attorney's fees and costs incurred in the
filing of this petition, and further that this Court grant such
additional relief in favor of the Petitioner as it deems just and
appropriate.
Respectfully submitted,
STONE LaFAVER & SHEKLETSKI
s
GERALD J. SH TSKI, ESQUIRE
414 Bridge St., P.O. Box E
New Cumberland, PA 17070
Telephone: (717) 774-7435
Attorneys for Plaintiff/Petitioner
-3-
F1\cuet\1-vurltl
VERIFICATION
WILLIAM R. CHENOWETH, states that he is the Plaintiff/Petitioner
named in the foregoing instrument and that he is acquainted with the
facts set forth in the foregoing instrument; that the same are true
and correct to the best of his knowledge, information and belief; and
that this statement is made subject to the penalties of 10 Pa. C.S.A.
§4904 relating to unsworn falsification to authorities.
L
ILLIA R. CH OW H
Date: dU_ ou(4 200/
WILLIAM R. CHENOWETH,
Plaintiff
V.
HOLLY E. HIGGINS
CHENOWETH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - LAW
IN RE: VISITATION
ORDER OF COURT
AND NOW, this 25th day of September, 2000,
after hearing, it is hereby ordered and directed as
follows:
1. The parties shall share legal custody of the
minor child, Maxwell Jude Chenoweth, born. 9/21/97.
2. Mother shall have primary physical custody of
the child subject to partial custody and visitation with
father as follows:
a. Each Tuesday and Thursday evening from
4:30 p.m. until 6:30 P.M.
i
b. Alternating weekends commencing Friday
at 5:00 p.m. until Sunday at 5:00 p.m. Said alternating
weekends to commence on Friday, September 29, 2000, and to
alternate thereafter.
c. Two non-consecutive weeks each summer as
the parties may agree. If the parties are unable to
agree, the week shall commence the second Friday of June,
i
and the second Friday of August at 5:00 p.m., and continue
EXHIBIT A
until the Saturday after the next Friday at 5:00 p.m.
d. The Thanksgiving holiday in even
numbered years from 5:00 p.m. Thanksgiving Day until 5:00 ,
the next afternoon, and in odd numbers years from 5 p.m.
the day before Thanksgiving until 2:00 p.m. Thanksgiving
I
Day.
e. The Christmas holiday in even numbered '
years from Christmas Day at 2:00 p.m. until December 26th
at 5:00 p.m. In odd numbered years from Christmas Eve at
5:00 p.m. until Christmas Day at 2:00 p.m. !
f. Alternating holidays of New Year's Day,
Easter, Memorial Day, July 4, and Labor Day, from y?
J
9:00 a.m. until 5:00 p.m. Father to commence the schedule
with New Year's Day of 2001, and to alternate the holidays I 7
I ?
thereafter.
g. From 9:00 a.m. until 5:00 p.m. on
Father's Day. Provided, however, that if Mother's Day t
falls on the father's regularly scheduled weekend, he shall J
return the child at 9:00 a.m. on that Sunday.
h. Such other times as the parties i
agree.
N
3. Father shall abide by the following CI?( ^
conditions during all periods of visitation:
V,
a. He shall not drink any alcohol dL-...7 !
i
periods he is visiting with the child or for four hours i`
?, m
before the commencement of such visitation.
b. He shall see that the child lays down
for nap time between noon and 2:00 p.m.
c. He shall not, under any circumstances,
allow the child to be on the river or in a boat without
wearing a life jacket.
d. The parties are each directed to attend
the Innerworks program within 8 .weeks of today's date, at
their own expense, and to submit proof of completion to my
chambers, with a copy to the other party or counsel.
By the Court,
E. Guido, J.
Gerald J. Shekletski, Esquire
414 Bridge Street
New Cumberland, PA 17070
For the Plaintiff
c/ Holly E. Higgins Chenoweth, Pro Se
99 West Portland Street, Apt. 4
Mechanicsburg, PA 17055
:mae
TRUE COPY FROM RECORD
In Testimony whereof, 1 here unto set my hand
and the seal of s9id Court at Arlisli, Pa.
.L
7
D1 JI11
WILLIAM R. CHENOWETH,
Plaintiff
v.
HOLLY E. HIGGINS CHENOWETH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - CUSTODY
A. LIST OF PLAINTIFF'S WITNESSES:
1. William R. Chenoweth
2. Arlene Chenoweth, paternal grandmother
3. Arthur Chenoweth, paternal grandfather
4. Edgar J. Siptroth, Jr.
William Chenoweth, Arlene Chenoweth, and Arthur Chenoweth will
provide testimony showing that it is in the best interest of the
child, Maxwell Jude Chenoweth, for William R. Chenoweth to have shared
legal custody and partial physical custody of Maxwell Jude Chenoweth.
Edgar J. Siptroth, Jr., is a Pennsylvania State Constable and
will testify, if necessary, regarding the custody exchanges and
attempted custody exchanges which have occurred since the Court's
order of June 27, 2000.
The plaintiff, William R. Chenoweth, reserves the right to call
additional witnesses at the scheduled hearing.
B. PROPOSED RESOLUTION:
The plaintiff proposes the following resolution to this matter:
The plaintiff, William R. Chenoweth, and the defendant, Holly E.
Higgins Chenoweth, would share legal custody of Maxwell Jude
Chenoweth. The defendant would have primary physical custody of
Maxwell Jude Chenoweth with the plaintiff having physical partial
custody of Maxwell Jude Chenoweth as follows:
A. Every Tuesday and Thursday evening from 6:00 pm until
8:00 pm.
B. Alternating weekends from Friday at 6:00 pm to Sunday at
6:00 pm.
C. Two consecutive weeks during the summer months.
D. Alternating holidays, including Thanksgiving, Christmas,
New Years Day, Easter, Memorial Day, Fourth of July, and Labor Day. I
Respectfully submitted,
STONE LaFAVER & SHEKLETSKI
Gerald J. h kletski, Esquire
414 Bridge St., P.O. Box E
New Cumberland, PA 17070
(717) 774-7435
Attorneys for Plaintiff „
I
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y;r
? ? r:R
pd\mle\lecrvice
CERTIFICATE OF SERVICE
I, Gerald J. Shekletski, Attorney at Law, of the law firm of
Stone LaFaver & Shekletski, attorneys for Plaintiff, William R.
Chenoweth, hereby certify that on this date I served a true and
correct copy of the within instrument on Defendant by first class
mail, postage prepaid, addressed as follows:
Holly E. Higgins Chenoweth
99 West Portland St., Apt. 4
Mechanicsburg, PA 17055
G?-,.? ??
GERALD 6,4HEKLETSKI, ESQUIRE
/??/U
DATE:
STONE LAFAVER & SHEKLETSKI SEP 18 1000
ATTORNEYS AT LAW
414 BRIDGE STREET
CHARLES H. STONE POST OFFICE BOX E
DAVID H. STONE JON F. COUNSEL
GERALD J. eHEKLETeKI NEW CUNUSItLAN O. 1'A 17070 OF COUNSEL
ELIZABETH B. STONE TELEPHONE (717) 774-7435
FACSIMILE (717) 774.38SY
September 14, 2000
Holly E. Higgins
99 West Portland St., Apt. 4
:Mechanicsburg, PA 17055
RE: Custody - Maxwell Jude Chenoweth
Dear Ms..Chenoweth:
I enclose a list of witnesses and a proposal for resolution
for this matter.
I have tried to reach Kathleen Daley by telephone, however,
she does not return my telephone calls. Please advise if
Attorney Daley will be representing you at the scheduled custody
hearing.
Also, please call me, or have your attorney call me, should
you have any questions regarding the list of witnesses or
proposed resolution.
2 coptes
BY copy of this letter, I am providing Z capY of the list of,,
witnesses of the plaintiff and plaintiff's proposed resolution to
the Court.
Very truly yours,
STONE LaFAVER & SHEKLETSKI
Gerald J.%Sh€kletski
GJS/krl
Enclosure
HOLLY HIGGINS,
Plaintiff
VS.
WILLIAM R. CHENOWETH,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODYNISITATION
NO. 98-1394 CIVIL TERM
ORDER _ p
AND NOW, this _1?19 ell- day of / 1998, upon receipt of the
Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this
Order which was dictated in their presence and approved by them, it is hereby ordered and
directed as follows:
1. The parties shall share legal custody of their minor child, Maxwell Jude
Chenoweth, d.o.b. September 21, 1997.
2. Mother shall have primary physical custody of the minor child subject
to periods of partial custody and visitation with Father as agreed upon by the
parties.
BY THE COURT
J.
Ms. Holly Higgins, pro se
Mr. William R. Chenoweth, pro se
glan/98.
mlb
OF TI-PLED-OFFICE
98 App 29 All 9: 2 7
CUilt'uE(i?i ',
nE?vvs`., b ; AUI,V y
HOLLY HIGGINS,
Plaintiff )
VS. )
WILLIAM R. CHENOWETH, )
Defendant )
JUDGE PREVIOUSLY ASSIGNED: None
IN TIME COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODYNISITATION
NO. 98-1394 CIVIL TERM
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(are) the subject of this
litigation is as follows:
NAME BIRTHDATE CURRENTLY IN
CUSTODY OF
Maxwell Jude Chenoweth September 21, 1997 Plaintiff
2. A Conciliation Conference was held on April 23, 1998, and the following individuals
were present: the Plaintiff appeared pro se; the Defendant appeared pro se.
3. Items resolved by agreement: See attached Order.
4. Issues yet to be resolved: See attached Order.
5. The Plaintiff's position on custody is as follows: See attached Order.
6. The Defendant's position on custody is as follows: See attached Order.
7. Need for separate counsel to represent child(ren): Neither party requested.
i
8. Need for independent psychological evaluation or counseling: None requested and the
Conciliator does not believe any is necessary.
Date: April 27, 1998 ??
Micl acl L. Bangs
Custody Conciliator
B. PROPOSED RESOLUTION:
The plaintiff proposes the following resolution to this matter:
The plaintiff, William R. Chenoweth, and the defendant, Holly E.
Higgins Chenoweth, would share legal custody of Maxwell Jude
Chenoweth. The defendant would have primary physical custody of
Maxwell Jude Chenoweth with the plaintiff having physical partial
custody of Maxwell Jude Chenowetn as follows:
A. Every Tuesday and Thursday evening from 6:00 pm until
8:00 pm.
B. Alternating weekends from Friday at 6:00 pm to Sunday at
6:00 pm.
C. Two consecutive weeks during the summer months.
D. Alternating holidays, including Thanksgiving, Christmas,
New Years Day, Easter, Memorial Day, Fourth of July, and Labor Day.
Respectfully submitted,
STONE LaFAVER & SHEKLETSKI
Av/e
Gerald J. 5hekletski, Esquire
414 Bridge St., P.O. Box E
New Cumberland, PA 17070
(717) 774-7435
Attorneys for Plaintiff
i
i5
pd\m10\lCC[VICC
CERTIFICATE OF SERVICE
I, Gerald J. Shekletski, Attorney at Law, of the law firm of
Stone LaFaver & Shekletski, attorneys for Plaintiff, William R.
Chenoweth, hereby certify that on this date I served a true and
correct copy of the within instrument on Defendant by first class
mail, postage prepaid, addressed as follows:
Holly E. Higgins Chenoweth
99 West Portland St., Apt. 4
Mechanicsburg, PA 17055
GERALD f.. HEKLETSKI, ESQUIRE
DATE :
COMMONWEALTH OF PENNSYLVANIA
C C1
Xc)N-Ai 4, CBS 171) S,
D o (3, t o-Iz-s ( L Camp P1.11 / Pfd ?
Docket No.: ME) - 3'z - t
Date Filed: I- 11-1 q 19%
PLAINTIFF REQUESTS CONFIDENTIALITY OF
??c/,Ar? • PETITION OF THE PLAINTIFF
I,?_ ratio
(Nam tlnllll•plaau typo) hereby petition for emergency relief from abuse
n behalf of myself
n behalf of the following (child) (children) to whom I am a (parent) (adult household member) (guardian)
? on b hall of the following incompetent adult to whom I am guardian ?/
?Ll a c ??J?tP2,7uA,n/.ry_.rl.c_d, /1Do ll ! cdEccMr u a PV(CrrtCCl7u/??(17Gy3
Namet,,,?
?Tuf n/t cafh //IQ? /A ??o rtarJrv#?y llo Dd(r .l , Qadml aetL ,cLUP ?r,urar ??. al / 7o y3
IName? (Add,ew)
Emergency relief from abuse is required because there is immediate and present danger of abuse by the
defendant to (me) and to the above listed (child) (children) (Incompetent adult).
(Type additional names/addresses on a separate /C'
sheet of paper and attach hereto.) X tsp a of Plamuui
rit9uiNuo Ur IAAUINU AU I HUHI I Y At an ex pane nearing on 1, 1 V Y
I have found upon good cause that it is necessary to protect the (plat above listed i chi n
11 1 have NOTT found that it is necessary to issue a protective order. VJ • C?C1
ne me o ssuin9 AutWHIM
ACTION OF ISSUING AUTHORITY
Having found upon good cause shown that it is necessary to protect the (plaintiff) and above listed (ehild) (children)
IaccmpoleRE-adaN), I have taken the following action on this petition:
Ordered the defendant to refrain from abusing the plaintiff and/orAURePeWd, children, inserRryeteRtarlult..
Ordered the defendant to refrain from having any contact with the plaintiff or minor children, Including restraining
the defendant from entering the place of employment or business or school of plaintiff or minor children and from
harassing plaintiff, plaintiff's relatives or minor children. NYE N LL Itt Ordered the eviction of the defendant from the (hwA*h*Id) (residence) at 09 / Ca)-opnH'lickir (and)
I \,, Y¢Yrnoy ?IAmwaai ON
? Ordered restoration of possession to the (household) (residence) at (or) _
17 Allowed the defendant to provide suitable, alternate housing by con nl agre ent,..
L
lepoelu,e at IuWnq Aulnonlyi
To: 1 VIV-V- A1-s-EV4 ri?wruNt?(
the order(s) appearing above, you are hereby directed '% to evict kN I
from the premises at lOt9 I Coi.u CACAUS Kygg 6_EM
tAddmu)
SHIPPENSBURG, PA 17257-0361
09-3-01
DJ Nam: ibn.
DAVID P. PERKINS, ESQ.
Aeaess: 81 WALNUT BOTTOM ROAD
P.O. BOX 361
COUNTY OF:
Marc 0,11' No.:
PETITION FOR EMERGENCY
RELIEF FROM ABUSE
PLAINTIFF: NAME and ADDRESS
//coo OLI 06/6(`h6U"4 /9uct
L Lervtoynef. (JH 17oy:3 J
vs.
DEFENDANT: NAME and ADDRESS
Teledbna: (717 ) 532-7676
r oncrr9 MR'NeAunw td
(Police Department). In compliance with
ABM 9'. Q "VE W % W c'T'A
N?
restore premises
Orders Issued are pursuant to the Protection from Abuse Act, Acl No. 21' (1976j, es emerided.WARNING: Failure to comply with these orders may
result fit a finding of CRIMINAL CONTEMPT pursuant to 42 Pe. C.S§ 4177. This offense is punishable by a line and/or Imprisonment. These orders
expire at the end of the next business day the Court deems itself available. These orders will be Immediately certified to the Court of Common Pleas,
WI 11011 HAS Till: FFFFCT OF COMMENCING PnOCEFDINCS AGAINST YOU UNDER THE ABOVE MENTIONED ACT.
HOLLY HIGGINS,
Plaintiff
V.
WILLIAM R. CHENOWETH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- 139V CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this 1 ? day of MCC C?'1 1997, upon consideration of
the attached Complaint, it is hereby directed that the parties and their respective counsel
appear before Mkc VzP.1 I ?? the conciliator, at
3q;;4 S, \( "cmp v\m PI? on the t G?_ day of
199 , at M., for a Predlearing Custody Conference. At such
Conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to dorms 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 of this custody action to
the conference, but the child/children's attendance is not mandatory. Failure to appear at the
Conference may provide grounds for entry of a temporary or permanent order.
FOR'1'tIE COURT:
By:
?tody Conciliator
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-:1166
FILEO-Or .E
OF TI4E PROMONOMY
9B HAR 19 AH 9152
CUMBJ;lEM COUNTY
PENNSYLVIVNIA
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Af -
HOLLY HIGGINS,
Plaintiff
V.
WILLIAM R. CHENOWETH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- ;3?
y
. IN CUSTODY
NOTICE
CIVIL TERM
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this complaint and notice are served, by entering a written appearance personally
or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to
you.
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, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
HOLLY HIGGINS,
Plaintiff
V.
WILLIAM R. CHENOWETH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- /39 y CIVIL TERM
IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Holly Higgins, residing at 528A Market
Street, Lemoyne, Cumberland County, Pennsylvania 17043.
2. The Defendant is William R. Chenoweth, residing at 1101
Columbus Avenue, Apt. 8, Lemoyne, Cumberland County, Pennsylvania
17093.
3. Plaintiff seeks custody of the following child:
Name: Maxwell Jude Chenoweth
Present Residence: 528A Market Street, Lemoyne, PA
Age: 5 months Date of Birth: 09/21/97
The child was born out of wedlock.
The child is presently in the custody of Holly Higgins,
who resides at 528A Market Street, Lemoyne, PA.
Since the child was born on September 21, 1997, he has
resided with the following persons:
Holly Higgins - Mother
Chris Turnbaugh - Brother, age 10
Jared Rolling - Brother, age 6
The mother of the child is Holly Higgins, currently
residing at 528A Market Street, Lemoyne, PA. She is divorced.
.I<
t
b :.
The father of the child is William R. Chenoweth,
currently residing at 1101 Columbus Avenue, Apt. 8, Lemoyne, PA.
He is single.
9. The relationship of Plaintiff to child is that of
mother. The Plaintiff currently resides with the following
persons:
Chris Turnbaugh - Son
Jared Rolling - Son
Maxwell Jude Chenoweth - Son
5. The relationship of Defendant to child is that of
father. The Defendant currently resides with the following
persons: None
6. Plaintiff has 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.
Plaintiff has no information of a custody proceeding
concerning the child pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by granting the relief requested because:
(a) The child has lived continuously with Plaintiff
since his birth on September 21, 1997;
li
r
i
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T
(b) The Plaintiff is the child's natural mother and
she has provided all the nurturing and care for this child since
its date of birth;
(c) A bond has been created between the Plaintiff and
the child which would result in a detrimental impact on the child
if the child were to be separated from his mother;
(d) The Defendant, despite efforts of the Plaintiff,
has had very limited contact with the child. That contact being
a total of approximately five hours spread out over a five month
period.
8. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action. All other
persons, named below, who are known to have or claim a right to
custody or visitation of the child will be given notice of the
pendency of this action and the right to intervene: None
WHEREFORE, Plaintiff requests the Court to grant
custody of the child to Plaintiff.
R. Mark Thomas, Esquire
Attorney for Plaintiff
54 East Main Street
Mechanicsburg, PA 17055
(717)697-9650
IDII 41301
- - ? i':...gfA548ViF 'T?".:LrE -c.».1u•_-.????^
. -ten •y J.;y?A4L.e.... .,:... ... .. _. .,.. ",...
VERIFICATION
I verify that the statements made in the foregoing document
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: - (6 r 12?
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WILLIAM R. CHENOWETH,
Plaintiff
Vs.
HOLLY E. HIGGINS CHENOWETI1,
Defendant
FEB 15 2000
IN'I'I Ili COURTOF COMMON PLEAS
01' CUMBERLAND COUNTY,
PL,NNSYL.VANIA
NO. 98-1394 CIVIL TERM
CIVIL AC'T'ION
ORDF14?O.F COURT
AND NOW this /N day of 2000, it being represented to
the undersigned Conciliator that the Plaintiff does not want to proceed further with the custody
conciliation presently scheduled I'or March 2, 2000, tit 2:00 p.m. (see copy of letter attached), the
undersigned Conciliator hereby relinquishes jurisdiction ol'this matter. If either of the parties
wishes further proceedings in this action, they should petition the Court anew.
cc: Mr. William E. Chenoweth
905 South 29"' Street
Camp Hill, PA 17011
Elizabeth B. Stone, Esquire
414 Bridge Street
New Cumberland, PA 17070
FOR TI IE COUR'T',
,o,tV Z 4:2 --
' MICIIAEL L. BAN
Custody Conciliar
Holly Biggins Chenoweth
1101 Columbus Avenue, Apl. I
Lemoyne, PA 170,13
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WILLIAM R. CHENOWETH,
Petitioner,
V.
HOLLY E. HIGGINS CHENOWETH,
Respondent
1999,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 98-1394 CIVIL TERM
:CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this 1- day of ,km--6L-' „-=, upon
consideration of the attached complaint, it is hereby directed that
the parties and their respective counsel appear before M1d-clnlel L.
OWN& ):4 C-_athe Conciliator, at
on the ' day of QQVCh 'o
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: lkVIX_ 1,??
Custody Con iato,l L?,1
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 C6unty Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
. ??._ r
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WILLIAM R. CHENOWETH,
Plaintiff
v.
HOLLY E. HIGGINS CHENOWETH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following complaint, you must take action
within twenty (20) days after the complaint and notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so, the case
may proceed against you and a judgment may be entered against you by
the court without further notice for any money claimed in the com-
plaint or for any other claim or relief requested by the plaintiff.
You may lose money or property, or other rights important to you.
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
Telephone: (717) 249-3166
1
t
I :..n
f1\C119t\thenowcth.c0m\12-99
WILLIAM R. CHENOWETH,
Petitioner,
V.
HOLLY E. HIGGINS CHENOWETH,
Respondent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 98-1394 CIVIL TERM
:CIVIL ACTION - LAW
CUSTODY/VISITATION
PETITION FOR MODIFICATION OF CUSTODY
1. The Petitioner is William R. Chenoweth, an adult
individual, residing at 905 South 29th Street, Camp Hill,
Cumberland County, Pennsylvania 17011.
2. The Respondent is Holly E. Higgins Chenoweth, an adult
individual, residing at 1101 Columbus Avenue, Apt. #1, Lemoyne,
Cumberland County, Pennsylvania.
3. Respondent seeks partial physical custody of MAXWELL
JUDE CHENOWETH, who resides at 1101 Columbus Avenue, Apt. #1,
Lemoyne, Cumberland County, Pennsylvania, is two (2) years, three
(3) months of age having been born on September 21, 1997.
The child was born out of wedlock.
The child is presently in the custody of the Respondent,
Holly E. Higgins Chenoweth, who resides at 1101 Columbus Avenue,
Apt. #1, Lemoyne, Cumberland County, Pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
-1-
i!
NAME
Respondent
Respondent and
Petitioner
Respondent and
Petitioner
Respondent
ADDRESS
528 A Market Street
Lemoyne, PA
1101 Columbus Avenue
Apt. 118, Lemoyne, PA
1101 Columbus Avenue
Apt. 41, Lemoyne, PA
1101 Columbus Avenue
Apt. #1, Lemoyne, PA
DATES
9-21-97
Thru 8/98
8/98-12/98
12/98 -
12/3/99
12/3/99
The mother of the child is Holly E. Higgins Chenoweth,
currently residing at 1101 Columbus Avenue, Apt. #l, Lemoyne,
Cumberland County, Pennsylvania.
She is married to the Respondent with a date of marriage of
November 20, 1998, in Cumberland County, PA.
The father of the child is William R. Chenoweth, currently
residing with his parents at 905 South 29th Street, Camp Hill,
PA.
He is married to the respondent.
4. The relationship of petitioner to the child is that of
father. The petitioner currently resides with the following
persons:
NAME RELATIONSHIP
Arlene and Arthur Chenoweth Mother and Father
-2-
5. The relationship of respondent to the child is that of
mother. The respondent currently resides with the following
persons:
NAME
RELATIONSHIP
unknown
6. Petitioner has filed this Modification for Custody
because the Respondent has deliberately withheld the whereabouts
of the minor child and denied all contact and visitation with his
son.
Petitioner has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Petitioner does not know of a person not a party to the
proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by granting the relief requested because while the
mother is able to provide a stable home and family type environ-
ment for the child allowing the child opportunity to spend time
with the child's father consistent with a visitation schedule to
be determined.
-3-
8. Each parent whose parental rights to the child have not
been terminated and the person who had physical custody of the
child have been named as parties to this action.
WHEREFORE, petitioner requests the court to grant him
partial physical custody of the child and joint legal custody of
the child with the child's father.
r
ELIZAB B: SXONE,rESQUIRE
:?t me,. ourt I .D. #60251
orriey f P titioner
414 Bri do, S eet, P.O. Box E
New Cu erl d, PA 17070
Telephone. (717) 774-7435
-4-
P1\cuot\1•varit.a!(
V E R I F I C A T I O N
WILLIAM R. CHENOWETH, states that he is the Plaintiff named in
the foregoing instrument and that he is acquainted with the facts set
forth in the foregoing instrument; that the same are true and correct
to the best of his knowledge, information and belief; and that this
statement is made subject to the penalties of 18 Pa. C.S.A. 54904
relating to unsworn falsification to authorities.
WILLIAM R. CHENOWETH
Date: J.//?'/ 7 y
n\cunt\ I colicI Ir.orA
WILLIAM R. CHENOWETH,
Plaintiff
V.
MAR 2 b euwo
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PEMMSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
HOLLY E. HIGGINS CHENOWETH,
Defendant
ORDER_ OF COURT
AND NOW, this a17 day of
2000, upon
consideration of the attached complaint, it is hereby directed that
the parties and their respective counsel appear before ?A\b-fke-\ (`
RM2_?? ` the Conciliator, at
on the ` day of _?G\I
2000at
-E.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: Y l 1??)?G ?t V1n? c,A C
Custody ConciWilato \
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELFPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
'I
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V1{
GO 1'i"r%nQ 1'ii ?:37
COUNTY
3:30.00 ?? ,
3 •?o 06 ?m?v ?c?? ..'u.
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I1\cunt\1 cuntdy.not
WILLIAM R. CHENOWETH,
Plaintiff
V.
HOLLY E. HIGGINS CHENOWETH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following complaint, you must take action
within twenty (20) days after the complaint and notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so, the case
may proceed against you and a judgment may be entered against you by
the Court without further notice for any money claimed in the com-
plaint or for any other claim or relief requested by the plaintiff.
You may lose money or property, or other rights important to you.
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
Telephone: (717) 249-3166
C1\CUet\c11en0weth.C0M\12 99
WILLIAM R. CHENOWETH,
Petitioner,
V.
HOLLY E. HIGGINS CHENOWETH,
Respondent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 98-1399 CIVIL TERM
:CIVIL ACTION - LAW
CUSTODY/VISITATION
PETITION FOR MODIFICATION OF CUSTODY
1. The Petitioner is William R. Chenoweth, an adult
individual, residing at 905 South 29th Street, Camp Hill,
Cumberland County, Pennsylvania 17011.
2. The Respondent is Holly E. Higgins Chenoweth, an adult
individual, residing at 1101 Columbus Avenue, Apt. #1, Lemoyne,
Cumberland County, Pennsylvania.
3. Respondent seeks partial physical custody of MAXWELL
JUDE CHENOWETH, who resides at 1101 Columbus Avenue, Apt. #1,
Lemoyne, Cumberland County, Pennsylvania, is two (2) years, three
(3) months of age having been born on September 21, 1997.
The child was born out of wedlock.
The child is presently in the custody of the Respondent,
Holly E. Higgins Chenoweth, who resides at 1101 Columbus Avenue,
Apt. 111, Lemoyne, Cumberland County, Pennsylvania.
During the past five years, the child has resided with the
following persons and at the following addresses:
-1-
NAME ADDRESS DATES
Respondent 528 A Market Street 9-21-97
Lemoyne, PA Thru 8/98
Respondent and 1101 Columbus Avenue 8/98-12/98
Petitioner Apt. #e, Lemoyne, PA
Respondent and 1101 Columbus Avenue 12/98 -
Petitioner Apt. 41, Lemoyne, PA 12/3/99
Respondent 1101 Columbus Avenue 12/3/99
Apt. #1, Lemoyne, PA
The mother of the child is Holly E. Higgins Chenoweth,
currently residing at 1101 Columbus Avenue, Apt. #1, Lemoyne,
Cumberland County, Pennsylvania.
She is married to the Respondent with a date of marriage of
November 20, 1998, in Cumberland County, PA.
The father of the child is William R. Chenoweth, currently
residing with his parents at 905 South 29`h Street, Camp Hill,
PA.
He is married to the respondent.
4. The relationship of petitioner to the child is that of
father. The petitioner currently resides with the following
persons:
NAME
Arlene and Arthur Chenoweth
RELATIONSHIP
Mother and Father
-2-
5. The relationship of respondent to the child is that of
mother. The respondent currently resides with the following
persons:
NAME
RELATIONSHIP
unknown
6. Petitioner has filed this Modification for Custody
because the Respondent has deliberately withheld the whereabouts
of the minor child and denied all contact and visitation with his
son.
Petitioner has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Petitioner does not know of a person not a party to the
proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child
will be served by granting the relief requested because while the
mother is able to provide a stable home and family type environ-
ment for the child allowing the child opportunity to spend time
with the child's father consistent with a visitation schedule to
be determined.
-3-
8. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, petitioner requests the court to grant him
partial physical custody of the child and joint legal custody of
the child with the child's father.
ELIZOET STONE, SQUIRE
Supre Co t I.D. #60251
'pe Att ney r Pe itioner
4?? Bridg St et, P.O. Box E
New Cumb d, PA 17070
Telephone: (717) 774-7435
-4-•
tI\cunt\I conc I I r. at it
WILLIAM R. CHENOWETH,
Plaintiff
V.
HOLLY E. HIGGINS CHENOWETH,
Defendant
MAR 2 b euuU
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
ORDER OF COURT
AND NOW, this C 1 day of c,\ \ , 2000, upon
consideration of the attached complaint, it is hereby directed that
the parties and their respective counsel appear before \ ?\ L .
the Conciliator, at
on the day of MG\? C2000?at
3 y? ?.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: ( ?
Cf \ ?ui
Cusod -tod , \ Conci1Uiato
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
Telephone: (717) 249-3166
1.
i
ti
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1
f ,, .
CU1, cc 4. ,:.:.) CC'UiJTY
Pi?iJ1C ?'i I!lrul'??1
3 30 OD l c2./? o y?4-?.
:3 :30.OO ??e pr?ed 7?,
3'30.06
IP •?
JUL 0 3 2000
William R. Chenoweth :IN TI IE COUR T Op COMMON PLEAS Of
Respondent :CUMBERLAND COUNTY, PENNSYLVANIA
V
Ilolly IIiggins : NO.98-1394 CIVIL TERM
Petitioner
ORDER OF COURT
AND NOW, this third day of July, 2000, is hereby Ordered that the PETITION FOR
SPECIAL RELIEF I;. DENiE,D•
E
r?vdoo
cc: Holly Higgins Chenoweth
William R. Chenoweth
ti;' _ ':;•?F'FY
00 JUL -a &1 4: no
CU1/(uChV?i'rll COUNTY
PENNSYLV/VgLA
P
k
iY
`f
1.
f
William It. Chenoweth
Respondent
:IN THE COURTOP COMMON PLEAS OI:
:CUMBERLAND COUNTY, PENNSYLVANIA
V
(lolly Iliggins ; NO.98-1394 CIVIL TERM
Petitioner
PETITION FOR SPECIAL RELIEF
COMES NOW, Ifolly Higgins, who does here by aver as follows:
1. Petitioner is Holly Higgins an adult individual who resides at 99 W. Portland 114, Mechanicsburg,
Pa., 17055
2. Respondent is William R. Chenoweth, and adult individual who resides at 909 S. 29,h Street, Camp
Hill, Pa. 17011
3. The parties are the natural parents of Maxwell Jude Chenoweth, date of birth, September 21, 1997.
4. Mother of above mentioned child petitions the court for a new custody conciliation hearing
concerning supervised visitation of her minor child by the minor child's father. Mother of minor
child fears for the safety of minor child and fears that her rights for a fair hearing were denied at a
custody conference hearing under the suphervision of Michael L. Bangs, Custody Conciliator on the
fifteenth day of June, 2000 at 302 S. 18' Street, Camp Bill, Pa. 17011. Petitioner feels her rights
were denied in that a sibling of the minor child was denied the right to testify at the hearing on
behalf of his brother contrary to what the ORDER OF THE COURT states. Petitioner was denied
the right or a fair hearing as she could not afford council and was told by Custody Conciliator,
Michael L. Bangs to remain quiet during the proceedings. Custody Conciliator, Michael L. Bangs,
refused to carefully consider evidence brought before him; including but not limited to a
PETITION FOR EMERGENCY RELIEF FROM ABUSE, issued against Mr. Chenoweth by the
Lower Allen Township Police Department of Cumberland County, less than one year prior.
Michael L. Bangs, Custody Conciliator, refused to allow Petitioner to present any documentation to
point to drug or alcohol abuse buy Mr. Chenoweth which could lead to the endangerment of said
minor child. Petitioner feels that her rights were compromised in that Michael L. Bangs, Custody
Conciliator was prejudice before the hearing even began. On conclusion of hearing Petitioner was
dismissed and asked to leave while Mr. Chenoweth and his legal counsel remained in the room
with Michael L. Bangs, Custody Conciliator for some time.
5. Petitioner respectfully petitions the court to stop any court orders allowing any unsupervised
visitations between Mr. Chenoweth and minor child before a new hearing can be scheduled.
Petitioner respectfully petitions the court for a custody conciliator other than Michael L. Bangs,
Esq.
r?
Petition.
WI ICRrFORG, the Petitioner requests this I louorable Court to grant the relief requesting in the
Respectfully submitted,
4L;;t-
IBiggins
99 W. Portland N4
Mechanicsburg, Pa. 17055
(717) 591-9783
cc: William R. Chcmoweth
I# r . • 0
1 verify that the statements made in this Complaint are true and correct. 1 understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification
to authorities.
Plaintiff
.1.
COMMONWEALTH OF PENNSYLVANIA
rnl IMTV nG• CUMBERLAND
09-3-01
w None: 11°n.
DAVID P. PERKINS, HBO.
A°Meee 81 WALNUT BOTTOM ROAD
P.O. BOX 361
SHIPPENSBURG, PA 17257-0361
rel,prnn,: (717)532-7676
PETITION FOR EMERGENCY
RELIEF FROM ABUSE
PLAINTIFF: NAME ad AOencss
?'flocc? EN,66yus
//OV OLI 001uMtiUS RUC
L Lerv elynel 0A /70V3
VS.
DEFENDANT: NAME andAWEes
t?icc,xi
m RCHENncoF 7t/
s N: zo8-+1'z-6685 QD S, ??+,r h St.
D o ?, t o-Iz-s l I_ Camp MOI , PIS
/ F cket No.:
te Filed: -`J- I I -q q
M PLAINTIFF REQUESTS CONFIDENTIALITY OF
j I PETITION OF THE PLAINTIFF
1. ktAAt<j
-,hereby petition for emergency relief from abuse
(N, °I'AeaN 11'MI
n behalf of myself
n behalf of the following (child) (children) to whom I am a (parent) (adult household member) (guardian)
? on berhalf of Ire following incompetent adult to whom I am guardian /? ?/
C:?vua rf?a?,7r,?,,??r0? lro0-#rN&LM1Acv161w 1.1LUltlt170Y3
(Nam, (Am xl
Sla?r?clTr,,rl?.easlt ,'?larlcrk?_n ('l,enM, v _ li??tr CI,Cr,:,,1PtiW?ur ?r.,"L,?te ai ?7cr3
IN.^ni ?' tAm,.rr) r
Emergency relief from abuse is required because there is Immediate and present danger of abuse by the
defendant to (me) and to the above listed (child) (children) (Incompetent adult).
(T pe additional namesladdresses on a separate ??????????pQ???? '
street of paper and attach hereto.) >(-- I`?'?s^'??
Fu-u111u0 yr 10OUIRU AU 1 nVrll 1 T Alan e% parte hearing On -i-, I y 4 vt
I have found upon good cause that it is necessary to protect the (plat above listed children)
(lReeFspelenFedo).
? 1 have NOT found that it is necessary to issue a protective order.
ACTION OF ISSUING AUTHORITY
Having found upon good cause shown that it is necessary to protect the (plaintiff) and above listed (ehild) (children)
iluompc{eRFfldaN), I have taken the following action on this petition:
($? Ordered the defendant to refrain from abusing the plaintiff andlor mice' eWd, children, InseRoeteul. d
Ordered the defendant to refrain from having any contact with the plaintiff or minor children, including restraining
the defendant from entering the place of employment or business or school of plaintiff or minor children and from
harassing plaintiff, plaintiff's relatives or minor children. AYE N Lk
Ordered the eviction of the defendant from the (heweehok? (residence) at 1109 / Cvy rJMA (and
L¢w.oy 14 L= (Amieu) P FN 1-7 OA/J
? Ordered restoration of possession to the (household) (residence) at (or)
? Allowed the defendant to provide suitable, alternate housing by con nl a C,-)--- Alk' ..
(5.)neluo or hung Aulrgnl,)
To:
( (Police Department). In compliance with
?' Na tN? W ET 1?
the order(s) appearing above, you are hereby directed 1% to evict W 1 1-1-1 AtA 9--
from the remises at 1100117 1 C.O1 u rA CAUS AvE I"'°"el eelen°xnl)
? yN? f?
L ±L-j(and) ? to restore premises
P
Ill
at
(AULeN)
Orders issued are pursuant to the Proleclion from Abuse Acl, Acl No. 218 jr976j, as am011dud.WARNING: Failure to comply with those orders may
result in a finding of CRIMINAL CONTEMPT pursuant to 42 Pa. C.Sg 4137. This offense is punishable by a line and/or impiisonmant. These orders
expire at the and of the next business day the Couil deems itsell available. These orders will be Immediately co flied to Iho Court of Common Pleas,
WIIICII HAS Till: FFFFCT OF CnivimWINO PHOCFF-DINGS AGAINST YOU TINDER THE ABOVE MENTIONED ACT.
-
T o 114 mo' j/ e-onee rh, CI 7wrniauO 0411. RIP
^vt "vSrHAJ (, ) /n 60h R, I , He FS of vfl w Lee,,%
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?U`•`:eS OtN? ,e a<I N1G?'l' WAG+t -tnOM 5 r ore,
?I?erl wsow r S? 1"O/vej in fil/A tlr; ?r•rrc wag
o tt'?' 011I/10 IID `'( ?r IL t' i n Ile atplly f Merit 5-0
was ro_ Tl+ ?W?u?? ??vt:??? a S ',F?a?"
WA5 no j %ec +tr - 'fly..? vice vsc ?'
w? oKe `je Of )r.w_.a11 _aGf 1?e-was. 4 -?
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?' '? % tY Ct e. al Rla?t f?•t rtn E ?? .N riS >Jc^ o-, s't ?..
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WILLIAM R. CHENOWETH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 98-1394 CIVIL TERM
HOLLY E. HIGGINS
CHENOWETH,
Defendant CIVIL ACTION - LAW
IN RE: VISITATION
ORDER OF COURT
AND NOW, this 25th day of September, 2000,
after hearing, it is hereby ordered and directed as
follows:
1. The parties shall share legal custody of the
minor child, Maxwell Jude Chenoweth, born 9/21/97
2. Mother shall have primary physical custody of
the child subject to partial custody and visitation with
father as follows:
a. Each Tuesday and Thursday evening from
4:30 P.m. until 6:30 p.m.
b. Alternating weekends commencing Friday
at 5:00 p.m. until Sunday at 5:00 p.m. Said alternating
weekends to commence on Friday, September 29, 2000, and to
alternate thereafter.
C. Two non-consecutive weeks each summer as
the parties may agree. If the parties are unable to
agree, the week shall commence the second Friday of June,
and the second Friday of August at 5:00 P.m-, and continue
until the Saturday after the next Friday at 5:00 p.m.
d. The Thanksgiving holiday in even
numbered years from 5:00 p.m. Thanksgiving Day until 5:00
the next afternoon, and in odd numbers years from 5 p•m•
the day before Thanksgiving until 2:00 p.m. Thanksgiving
Day.
e. The Christmas holiday in even numbered
years from Christmas Day at 2:00 p.m. until December 26th
at 5:00 p.m. In odd numbered years from Christmas Eve at
5:00 p.m. until Christmas Day at 2:00 p.m.
f. Alternating holidays of New Year's Day,
Easter, Memorial Day, July 4, and Labor Day, from
9:00 a.m. until 5:00 p.m. Father to commence the schedule
with New Year's Day of 2001, and to alternate the holidays
thereafter.
g. From 9:00 a.m. until 5:00 p.m. on
Father's Day. Provided, however, that if Mother's Day
falls on the father's regularly scheduled weekend, he shall
return the child at 9:00 a.m. on that Sunday.
h. Such other times as the parties may
agree.
3. Father shall abide by the following
conditions during all periods of visitation:
a. He shall not drink any alcohol during
periods he is visiting with the child or for four hours
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1
before the commencement of such visitation.
b. He shall see that the child lays down
for nap time between noon and 2:00 p.m.
c. He shall not, under any circumstances,
allow the child to be on the river or in a boat without
wearing a life jacket.
d. The parties are each directed to attend
the Innerworks program within 8 weeks of today's date, at
their own expense, and to submit proof of completion to my -
chambers, with a copy to the other party or counsel.
By the Court,
Edward E. Guido, J.
net
Gerald J. Setski, Esquire ?,{t
414 Bridge Street New Cumberland, PA 17070
For the Plaintiff
Holly E. Higgins Chenoweth, Pro Se
99 West Portland Street, Apt. 4
Mechanicsburg, PA 17055
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CU f` H;.; : iD COUNTY
PENNSYLVANIA
J
WILLIAM R. CHENOWETI-1, )
I'laintiff )
VS. )
HOLLY E. HIGGINS CHENOWETI1, )
Defendant )
IN TIIF. COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 98-1394 CIVIL TERM
CIVIL ACTION - LAW
,,1, ORDER
AND NOW, this 0 `•` day of :F(V -2 2000, upon receipt of the
Conciliator's Report, it appearing that a hearing is necessary, it is hereby ordered and directed as
follows:
1. A hearing is scheduled for the v? 1? day of
2000, at 9-' O 0 o'clock A M., in Court Room Numbcr? of the
Cumberiand County Court House, Carlisle. Pennsylvania. Both parties, through
counsel, will provide each other and the court with a list of witnesses ten (10)
days prior to the date of the hearing along with a statement as to their expected
testimony. Additionally, both parties will submit their proposal for a resolution of
the matter.
Mother has requested that the parties proceed with a custody evaluation.
Mother must follow through with scheduling this custody evaluation by
contacting the evaluator, Guidance Associates, within ten (10) days of the date of
this Order to get the appropriate appointments scheduled in order to have the
evaluation completed prior to the hearing. Mother shall be responsible for the
costs of the evaluation. Mother may request this Court to require Father to share
in the costs if the Court deems it appropriate at the hearing ol'this case.
PENDING SAID HEARING, Father shall be entitled to periods ol'partial
custody and visitation with the minor child every Sunday from 12:00 noon until
6:00 p.m., and every Tuesday and Thursday evenings from 6:00 p.m. until 8:00
p.m. During these periods of* partial custody and visitation, Father agrees not to
consume any alcoholic beverages.
BY'rHE COURT,
EDWARD E. GUIDO, J.
Gerald J. Shekletski, Esquire
Holly E. Higgins Chenoweth, pro se
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WILLIAM R. CHENOWETII,
Plaintiff
vs.
HOLLY E. HIGGINS CHENOWETH,
Defendant
JUDGE PREVIOUSLY ASSIGNED:
IN 'I'IIE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
)
NO. 98-1394 CIVIL TERM
CIVIL ACTION - LAW
The Honorable Edward E. Guido
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child(ren) who is(arc) the subject of this
litigation is as follows:
NAME BIRT=
CURRENTLY IN
CUSTODY Maxwell Jude Chenoweth September 21, 1997
Dcl'endant
2. A Conciliation Conference was held on June 15, 2000, and the fbllowing individuals )
were present: the Plaintiff and his attorney, Gerald J. Shckletski, Esquire; the Defendant
appeared pro se.
3. Items resolved by agreement: See attached order.
4. Issues yet to be resolved: An ultimate custody schedule.
5. The Plaintiff's position on custody is as tbllows: Father requested a regular and
consistent visitation schedule with his son. Since the parties last separated in N1, rch, Father has
been denied access. He requested periods of time from 12:00 noon until 6:00
p.m. on Sundays, ?
I:
and 6:00 p.m. until 8:00 p.m. on'filesday and "Thursday evenings. Ile is not requesting overnight
at this time because he lives with his parents and does not have accommodations 1'or the minor
child.
Father denies the allegations of Mother that he has an alcohol and drug problem, or that
he has physically abused the child.
6. The Defendant's position on custody is as follows: Mother does not believe it is
appropriate for the Father to have any unsupervised contact with the minor child. She indicated
that the Father abuses alcohol and/or drugs. She also indicated that the Father has subjected her
to physical abuse and the child as well. She adamantly refused any visitation.
Mother requested a psychological evaluation.
7. Need for separate counsel to represent child(ren): Neither party requested.
8. Need for independent psychological evaluation or counseling: Mother has requested
that the parties proceed with a custody evaluation. Mother must follow through with scheduling
this custody evaluation by contacting the evaluator, Guidance Associates, within ten (10) days of
the date of this Order to get the appropriate appointments scheduled in order to have the
evaluation completed prior to the hearing. Mother shall be responsible for the costs of the
evaluation. Mother may request this Court to require Father to share in the costs if the Court
deems it appropriate at the hearing of this case.
9. A hearing in this matter will take one-half day.
10. Other matters or comments: This is an extremely contentious custody case. Mother
appeared pro se at the conference and was completely out of control. She refused to participate
meaningfully in any part of the conciliation and was adamant that the lather not be provided any
visitation because he, according to her, abused alcohol and abused her and the child.
The lather's requested visitation is extremely reasonable and one that the Conciliator tclt
very strongly should be implemented immediately. When the Conciliator told this to the Mother,
she became extremely defiant and indicated, among other things, that she would never comply
with any Order providing lather with visitation.
The Court needs to schedule a hearing in this case. Mother indicated she wanted an
evaluation but unless she follows through with getting it scheduled quickly, the hearing should
not be delayed. Mother repeatedly attempted to have the conciliation delayed. The Conciliator
is concerned that she will keep the child away from lather and will attempt to delay the ultimate
hearing in this case.
Mother simply must understand that the lather should have regular and consistent contact
with the minor child. The recommended Order attached hereto provides lather with regular and
consistent contact and is very minimal. If Mother does not comply with this Order, the Court
should deal with her appropriately for her refusal to comply with the Order.
Date: June 22, 2000
Micl acl L. Bangs
Custody Conciliator
OCT 012001
WILLIAM R. CHENOWETH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 98-1394
HOLLY E. HIGGINS-CHENOWETH, : CIVIL ACTION - LAW
Defendant : CUSTODY
ORDER OF COURT
Guido, J. -
AND NOW, this ix. day of DC,f06uc, , 2001, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. A Contempt Hearing is scheduled ie•Courtroom Number 5 of the Cumberland
County Courthouse, on the *h day of btcg.v16 E/L 2001, at : DO o'clock,
A.m., at which time testimony will be taken. For the purposes of the hearing, the Father,
William R. Chenoweth, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties and/or the parties pro se shall file with the Court and
opposing counsel a memorandum setting forth each party's position on the contempt
allegation and relief sought, 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 days prior to the hearing date.
2. Pending further Order of Court or an agreement of the parties, this Court's prior
Order of September 25, 2000, shall remain in full force and effect with the following additions:
A. Father's next custodial weekend shall commence on September 28, 2001.
B. The Tuesday and Thursday evening periods of custody shall commence
on September 25, 2001.
C. 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 parent shall ensure that third parties also
comply with this provision during his or her periods of custody. Both
parents shall establish a no-conflict zone for their Children and refrain
from making derogatory comments about the other parent in the presence
or earshot of the Children and, to the extent possible, shall prevent third
parties from making such comments in the presence or earshot of the
Children.
No, 98-1394
D. Either party may elect to be accompanied by a constable or a neutral
party of their choosing at the time of custodial exchanges.
E. In the event that the parties have not done so, the parties shall file with
the Court proof of their attendance at the Seminar for Separating Parents
provided by Inner Works. Such proof must be filed within ten days of the
date of this Order.
BY THE CO
Edward E. Guido, J.
Dist: Gerald J. Sheklelski, Esquire, 414 Bridge Street, New Cumberland, PA 17070
Holly E. Higgins-Chenoweth, 99 W. Portland Street, Apartment 4, Mechanicsburg, PA 17055
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2
WILLIAM R. CHENOWETH,
Plaintiff
Vs.
HOLLY E. HIGGINS-CHENOWETH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION 51.11 MARY 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 OFF BIRTH CURRENTLY IN CUSTODY
OF
Maxwell Jude Chenoweth September 21, 1997
Mother
2. A Custody Conciliation Conference was held on September 24, 2002, with the
following individuals in attendance: the Father, William R. Chenoweth, and his counsel, Gerald
J. Shekletski, Esquire; the Mother, Holly E. Higgins-Chenoweth, pro se.
3. The parties were seen for their first Custody Conciliation Conference since the entry
of this Court's Order on September 24, 2000. The parties were seen subsequent to Father's
filing a Petition for Contempt. Father alleges that since the first weekend following the entry of
Judge Guido's Order that Mother has failed to comply with the Order. He states the last full
day that he was able to have custody of the Child was December 10, 2000, and that he hasn't
seen the Child since July 4, 2001. Father reports that Mother insists that she accompany the
Child on his custodial visits with Father. He also alleges that there are frequent arguments
and abusive language at the time of any attempts that he makes to exercise his custodial
rights. Father is very concerned about the impact of this language and the arguments on the
minor Child, and appropriately so. On numerous occasions, Father reports that he resorted to
the use of a constable in order to exercise his custodial rights. However, at this point the
constable is refusing to accompany Father for his custodial exchanges unless the Order
specifically includes language to permit that. Eventually, because of the tensions which
accompany the custodial exchanges, Father acknowledges that he has not attempted to pick
up the Child for all of the custodial time which was available to him under the Order, in part
because he felt that the emotional environment at the time of the custodial exchange was to
the detriment of the Child. Father states that Mother frequently has done or said things which
he understands to be directed at undermining his relationship with the minor Child. For
instance, he alleges that she told him in June 2001 that if he came to pick up the Child she
would teach him to hit and kick his Father. He also alleges that she has suggested
I
No. 98-1394 - Civil Term
to the Child that he does not want to go with his Father. Father is seeking the following relief:
Mother follows the Order of September 5, 2000; that custodial exchanges be accomplished
without the negative and destructive language which he reports he has experienced; that he
be allowed to have compensatory time for some of the time which he has missed; and that he
be granted an award for fees and costs based on the necessity of his taking legal action to
exercise his custodial rights. In support of this request, he cites Hockley v. Hockley, Docket
No. 98-2260, in March 2000 Order of Judge Oler, cited at 49 Cumberland Law Journal, Page
161.
4. Mother claims that the Order is being followed as written and that she has never
interfered with Father's custodial time. She, in fact, experiences Father's Contempt Petition as
an attack on her. She alleges that Father has been inconsistent in using the custodial time
available to him under the Order. However, she acknowledges that he has had only one
custodial weekend since the Order's inception. Mother also acknowledges that for a period of
two months Father's custodial exchanges were accompanied by a constable and that she is
now attempting to hire a private investigator, Thomas Taylor, to be present for all custodial
exchanges. Although Father has not had custodial time with the Child in several months,
Mother refused to provide the Child to Father the weekend immediately preceding the Custody
Conciliation Conference because she claims that it was her custodial weekend on the
alternating week schedule.
5. Both parties claim that they have attended the Seminar for Separating Parents
offered by Inner Works. However, neither were able to produce the Certificate of Attendance
for the Conciliator today.
6. The parties were not able to reach an agreement with regard to resolution of
Father's Contempt Petition. Mother refused to give Father any compensatory time for the
amount of custody time missed and insisted that there be a hearing scheduled before the
Court.
7. The Conciliator provides the attached recommended Interim Order for the Court's
review, pending the Contempt Hearing. This Order is targeted at ensuring that the Child is
provided with the opportunity to have the presently ordered custodial time with his Father and
that the environment in which the custodial exchanges takes place is, at least, civil.
?/,? DI
Date Melissa eel Greevy, Esquire
Custody Conciliator
LAW OFFICE OF
SUSAN KAY CANDIF.LLO, B.S.N., M.S.N., J.D.
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5021 Ensr Tnir+ui.e Rums, SUITF. 100, WcainNU UUiuti, PA 17050
WILLIAM R. CHENOWETH, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 98-1394
HOLLY E. HIGGINS CHENOWETH, CIVIL ACTION -LAW
DEFENDANT CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, Holly E. Higgins Chenoweth.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIEELLQO, P.C.
Dated: October c3_,2001
Susan Kay Candi squire
PA I.D. # 64991 J
5021 East Trind oa
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
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WILLIAM R. CHENOWETH,
PLAINTIFF
Vs.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 98-1394
HOLLY E. HIGGINS CHENOWETH, :CIVIL ACTION -LAW
DEFENDANT : CUSTODY
ORDER OF COURT
AND NOW, this 0'4w day of Pw_vrul
2001, the Defendant's name in
the above caption being stated incorrectly, the caption is amended to set forth the Defendant's
name as HOLLY E. HIGGINS.
BY THE OU T,
Edward E. Guido, J.
Rg
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WILLIAM R. CHENOWETH,
PLAINTIFF
VS.
HOLLY E. HIGGINS CHENOWETH,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 98-1394
: CIVIL. ACTION -LAW
: CUSTODY
PRAECIPE TO CORRECT DEFENDANT'S NAME
TO: THE PROTHONOTARY
Defendant's name was stated incorrectly when the Plaintiff, William R. Chenoweth,
initiated the Petition for Modification of Custody on or about March 30, 2000.
Please change the caption in the above-stated action to the caption stated as follows:
WILLIAM R. CHENOWETH,
PLAINTIFF
VS.
HOLLY E. HIGGINS,
DEFENDANT
Dated: Novembe?, 2001
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 98-1394
CIVIL ACTION -LAW
CUSTODY
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Susan Kay Can ello,)Esqu
PA I.D. H 6499 j
5021 East Trindl Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
?kG 9v- •?6ylea Ofvx
State Commonwealth of Pennsylvania ?oZ y?oU?3
Co,/City/Disc. of CUMBERLAND
Date of Order/Nollce 11'14/01 Court/Case Number (See Addendum for case summary)
O Original Onler/Nullcu
O Amended Order/Notice
O Terminate Onler/Nollce
I RE: PORR TROY M.
Employer/Withholder's Federal EIN Number ) Employeu/Obligor's Name (Last, First, MI)
9TOCKTON BATEB LLP ) 171-56-8270
Employer/Wlthholdees Name ) Employee/Obligor's Social Security Number
42 3 15TH BT I 6131100054
EmployurANlthholder's Address ) Employee/Obligor's Case Identi0er
PHILADELPHIA PA 19102-2218 ) (See Addendurnfor plaintiff names associated with cases onattacirment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This Is an Order/Notice to Withhold income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 733. oo per month in current support
$ o . oo per month in past-due support Arrears 12 weeks or greater? O yes ® no
$ o. 0o Per month In medical support
$ ______k=per month for genetic test costs
$ per month in other (specify)
for a total of $ 733.00 Per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order, if your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 169.15 per weekly pay period.
$ 338.31 per biweekly pay period (every two weeks).
$ 366.50 per semimonthly pay period (twice a month).
$ 733, oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Date of Order:
NOV 15 2001
Jv
vat,
FDtlt
Form -028
r .-? r-- ", -- Worker ID $IATT
Service Type m 1 ..: p 10 ,0970-0134
Date 17/31100
4
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required to prcvide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under Stare law against the same Income.
Federal lax levies In effect before receipt of this order have priority. If (here are Federal tax levies In effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/ohligor's Income. In a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.• -Reportingthe-PaydatdMte-of Withholding-You-must report the-paydateJdatcofwithholdin"henyendingthepayment-The-
paydetddatcofwithholdirtgirthe dm"n-which-amountwmwithheldironrthe-employee's-wager, You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.' Employee/Obligorwith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employedobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee'stobligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employedobligor Is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2326667510
EMPLOYEE'S/OBLIGOR'S NAME: PORK TROY M.
EMPLOYEE'S CASE IDENTIFIER: 6131100054 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor Is employed in another State, in which case the law of the State in which he or she is employed governs.
B. Anti-discrimination; You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.• Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. 51673 (b)1; or 2) tine amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency: If you or your employee/oblIgor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N HANGOVER ST by telephone at (717) 240.6225 or
c BOX 320 by FAX at (717) 740.6248 or
CARLISLE PA 17013 by Internet
Page 2 of 2 Form EN-028
Service Type M OMB W.: 097"174 Worker ID $IATT
EvIralim Date 12/31100
v
ADDENDUM
Summa ry of Cases on Attachment
Defendant/Obligor: PORR, TROY M.
94
PACSES Case N umber 129100138/agS PACSES Case Number 540100150
Plaintiff Name Plaintiff Name
CLAUDIA R. PORR CLAUDIA R. PORR
pocket Attachment Amount Docket Attachment Amount
98:2641 CV f 50.00 00443 d 1998 $ 683.00
Child(ren)'s Name(s): D OB Child(ren)'s Name(s):
ANGELICA MARIE PORR
? If checked, you are required to enroll the child(ren)
Identified above in any health insurance coverage available
through the employee's/obligor s employment.
PACSES Case Number
Plaintiff Name
?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'stobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?lf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'stobligor's employment.
DOB
06/20/96
?If checked, you ate required to enroll the child(ren)
Identified above in any health insurance coverage available
through the entployee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?lfchecked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health Insurance coverage available
through the employee'stobligor's employment.
Addendum Form EN-028
Service Type M 0.Hew.:09704154 Worker ID $IATT
r3plnlim Dac 1731100
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II\cunt\CIIPJIOMh-"1nt l p. o r(1\12. 01
WILLIAM R. CHENOWETH,
Plaintiff
V.
HOLLY E. HIGGINS,
Defendant
AND NOW, this a(day of be, c -,lam c, , 2001, upon
consideration of the foregoing Stipulation for Agreed Order of Custody
between the parties and attached hereto and hereby incorporated into
the above captioned action, the said Stipulation for Agreed Order of
Custody is made an Order of Court.
DEC 14 2001 }. /
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1394
CIVIL ACTION - IN CUSTODY
O R D E R
BY THE COURT:
I a'? 9"1'4z?
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WILLIAM R. CHENOWETH,
PLAINTIFF
VS.
HOLLY E. HIGGINS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 98-1394
CIVIL ACTION -LAW
CUSTODY
The Plaintiff (,,Father") is WILLIAM R. CHENOWETH, who currently resides at 905
South 29' Street, Camp Hill, Cumberland County, Pennsylvania, 17011.
The Defendant ("Mother") is HOLLY E. HIGGINS, who currently resides at 99 West
Portland Street, #4, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
MAXWELL JUDE CHENOWETH, ("Maxwell"), born on September 21, 1997, is the
subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff
and Defendant.
It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to
have a meaningful ongoing relationship with both his natural Mother and natural Father,
provided the child is in a safe environment.
WHEREFORE, Plaintiff, WILLIAM R. CHENOWETH, and Defendant, HOLLY E.
HIGGINS, have entered into a mutual agreement regarding the custody of their child and
respectfully request this Honorable Court to enter the following order:
I. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section
5302) of their minor child, Maxwell Jude Chenoweth.
2. All decisions affecting their son's growth and development including, but not limited
to: choice of camp, if any; choice of day care provider; medical and dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential
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litigation involving their son, directly or as beneficiary, other than custody litigation; education,
both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be
considered major decisions and shall be made by Father and Mother, jointly, after discussion and
consultation with each other and with a view towards obtaining and following a harmonious
policy in their son's best interest.
3. Mother and Father agree to keep the other informed of the progress of their son's
education and social adjustments. Mother and Father agree not to impair the other's right to
shared legal or physical custody of their son. Mother and Father agree to give support to the
other in the role as parent and to take into account the consensus of the other for the physical and
emotional well-being of their son.
4. While in the presence of their son, neither Mother nor Father 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 their son should respect and love.
5. It shall be the obligation of each parent to make their son available to the other
in accordance with the physical custody schedule and to encourage their son to participate in the
plan hereby agreed and ordered.
6. Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
7. With regard to any emergency decisions which must be made, the parent with whom
Maxwell is physically residing at the time shall be permitted to make the decision necessitated
by the emergency without consulting the other parent in advance. However, that parent shall
inform the other of the emergency and consult with him or her as soon as possible. Day-to-day
decisions of a routine nature shall be the responsibility of the parent having physical custody at
the time.
8. Mother and Father shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but arc not limited to, medical reports, academic and school report cards,
birth certificates, etc. Both parents may and arc encouraged to attend school conferences and
activities. The Father's name shall be listed with the school as the alternative parent to be
contacted in the event of an emergency and to be notified regarding school events. However, it
will be Mother's primary responsibility to provide Father with copies of report cards and all
notifications of major school events.
9. Neither Mother nor Father shall schedule activities or appointments for their son
which would require their attendance or participation at said activity or appointment during a
time when their son is scheduled to be in the physical custody of the other parent without that
parent's express prior approval, unless the child's medical condition is such that it requires
immediate attention.
10. Mother shall have Primary Physical Custody and Father shall have Partial Physical
Custody of their minor child, Maxwell Jude Chenoweth, according to the following schedule:
A. Father shall have alternating weekends which shall begin Friday
evening at 5:00 p.m. and continue through Sunday evening at 5:00 p.m. unless
Maxwell attends church that Sunday, when Father's visitation shall extend to 8:00
p.m.;
B. Father shall return Maxwell to Mother's residence at 9:30 a.m. Sunday
to enable Mother to take Maxwell to church. Mother agrees to return Maxwell to
Father's residence at 12:30 p.m. Father's visitation with Maxwell on the days he
attends church with Mother shall be extended until 8:00 p.m.
C. Father may have Tuesday and Thursday afternoons from 3:00 p.m.
through 5:00 p.m. Father shall continue with the afternoon visitation during the
.1.
week until the Fall of 2003, when Maxwell begins kindergarten, at which time
Father shall have evening visitation with Maxwell every Tuesday and Thursday
from 4:30 p.m. until 6:30 p.m.;
D. Mother and Father shall alternate the following holidays. Father shall
have the odd numbered holidays in the odd numbered years and Mother the even
numbered holidays in the odd numbered years, to alternate annually thereafter:
I) New Year's Eve and Day (this holiday shall be determined by the
year in which the New Year's Eve occurs);
2) Easter;
3) Independence Day;
4) Labor Day.
E. Thanksgiving Day shall be shared by the parties with Mother having
Schedule "A" and Father Schedule "B" in even years and Father Schedule "A"
and Mother Schedule "B" in the odd years, to alternate annually thereafter:
Schedule "A": The evening before Thanksgiving Day at 5:00 p.m.
through Thanksgiving Day at 2:00 p.m.
Schedule "B": Thanksgiving Day at 2:00 p.m. through 5:00 p.m. the
day after Thanksgiving Day.
F. Christmas shall be shared by the parties with Mother having Schedule
"A" and Father Schedule "B" in the odd years and Father having Schedule "A"
and Mother Schedule "B" in the even years.
Schedule "A": Christmas Eve at 5:00 p.m. through
Christmas Day at 2:00 p.m.
Schedule "B": Christmas Day at 2:00 p.m. through the
day after Christmas at 5:00 p.m.
G. Father shall have Maxwell on Father's Day and Mother shall have
Maxwell on Mother's Day. Visitation on these days shall be from 9:00 a.m.
through 5:00 p.m.;
H. Mother and Father may make a special request to have their son at a
special time to celebrate his birthday, provided they give the other parent two (2)
weeks notice of how and when they intend to celebrate their son's birthday;
1. Mother and Father shall have the option of requesting up to two (2)
non-consecutive weeks of vacation during the year with their son, provided a
minimum of thirty (30) days notice is given to the other party in a written request;
J. The parties are encouraged to discuss and cooperate with each other
when sharing and making requests for changes in periods of visitation. All
permanent changes in periods of custody from the those contained in this custody
agreement shall be made in writing and signed by both parties;
K. All holidays, vacations, and specially designated times for visitation
with their son shall supersede the regularly scheduled visitation. Neither party
may schedule vacations during holiday time, when it will have the effect of
depriving the other party of their holiday visitation with the child.
11. When Father has Maxwell, he will encourage Maxwell to take a nap or a "rest
period" during the afternoon.
12. Father agrees he will not consume my alcoholic beverages a minimum of twenty-
four (24) hours prior to any visitation with his son, or during the time he has custody of his son.
13. Father agrees, if there are any guns in the residence where he has custody of
Maxwell, he will keep the guns and ammunition in separate locations but both locations shall
have locks and keys or combinations which make these dangerous items inaccessible to
Maxwell.
14. Father shall keep a life jacket on Maxwell at all times when Maxwell is near the
water, on the dock, and/or in a boat. Father agrees he will never keep Maxwell on any boat
overnight.
15. When Father has custody of Maxwell, he agrees to be responsible for Maxwell's
attendance at school, extracurricular, and other types of activities in which Maxwell is involved.
If Father does not choose to take Maxwell to such activity or is unable to take Maxwell to such
activity, Father shall notify Mother in a timely manner to enable her to take Maxwell to such
activity.
16. Father agrees to contact Mother in a timely manner when he has an auction to
attend or will be away overnight giving her first right of refusal to have Maxwell. At this age,
attending an auction, when Father is involved in his business, is not an appropriate place for
Maxwell. Father shall return Maxwell to Mother while at an auction and shall be able to pick up
Maxwell when the auction is over. If the auction is longer than four (4) hours and/or Father is
away overnight, Mother agrees to give Father "make-up" time. Father's "make-up" time shall
occur during a weekday afternoon from 3:00 p.m. to 5:00 p.m. or, after Maxwell is in school,
from 4:30 p.m. to 6:30 p.m. and will not be given for a requested day if Maxwell has a
previously scheduled activity on that same day.
17. Mother and Father agree to be responsible for any ordinary everyday expenses
which occur during their individual custody periods with their son.
18. The parent with physical custody of their son agrees to keep the other parent fully
aware and informed of any successes, difficulties, activities, emergencies, etc., in which their son
has become involved.
19. Mother and Father agree to provide each other with current information regarding
the day care provider and any other individuals and/or activities in which their son is in the care
of an adult other than an activity within their son's school. Mother and rather also agree to have
each other listed as an emergency contact with that adult and/or agency.
20. Neither Mother nor Father shall take any actions to prevent each other's attendance
and participation at any of Maxwell's school, church, sports, or any other extracurricular
activities.
21. Mother and Father shall be free to mutually agree to alter and/or change the terms
of this agreement. If the alteration and/or agreement is permanent and/or a change which will
occur on numerous occasions, the parties agree the alteration and/or change shall be in writing
and signed by both parents.
DATED:
DATED: l a 5lp /
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFC ial?z?ee ???rc? SS:
On this, the V
?/ L" day of ece r , 2001, before me, a Notary
Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared
WILLIAM R. CHENOWETH known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged
that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
?/J J i
4414- ye*
Notary Public
My Commission Expires:
NOTARIAL SEAL
KAYE R. LUCKEY, Noltuv PON
New Curnberland Sam. Cumbxland Co.
My Commisslon E*Ires Mardi 27, 2005
HOLLY GGINS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 0,
?.rr\brs`c??.c1
SS:
On this, the day of Q..C? , 2001, before me, a Notary
Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared
HOLLY E. HIGGINS known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
Notary Public
My Commission Expires:
Notarial seal
tam R. Hanford, Notary Public
aorc, Cumberland County
My Conunisalon Expires APr. 4, 2005
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Melanie L. Erb, Esquire
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Merbgdcdlaw.net
WILLIAM R. CHENOWETH,
Petitioner
V.
HOLLY E. HIGGINS,
Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 98-1394
: CIVIL ACTION - LAW
: CUSTODY ACTION
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, WILLIAM R. CHENOWETH, by and through his
attorney, Melanie L. Erb, Esquire and the Law Office of Darrell C. Dethlefs, who files this
Petition for Special Relief and avers as follows:
1. Petitioner is William R. Chenoweth, an adult individual, currently residing at 905
south 29th Street, Camp Hill, Cumberland County, Pennsylvania.
2. Respondent is Holly Higgins, an adult individual currently residing at 426 Pawnee
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties are the parents of Maxwell Jude Chenoweth, born September 21,
1997.
4. The most recent Custody Order in this matter was entered December 17, 2001 and
provides the parties with shares legal custody and Mother with primary physical custody of the
child.
5. Since the entry of said Order, Respondent has restricted and on occasion denied
Petitioner access to the minor child for his periods of partial physical custody.
6. Petitioner has had to make arrangements with the child's school to spend time
with the child over his lunch period each day in order to be able to see the child and assist him
with his school work.
7. Respondent recently traveled with the minor child to Maryland where
Respondent's mother currently resides. Upon her return Respondent has stated she intends to
move with the child to Maryland.
8. Petitioner believes and therefore avers that Respondent will also not permit the
child to attend public school upon relocation, but will rather enroll him in a cyber school.
9. To remove the minor child from Pennsylvania will essentially remove Petitioner's
only access to the child at his school.
10. Despite's Respondent's efforts, Petitioner maintains a good relationship with his
son.
11. The minor child has indicated that he does not want to relocate to Maryland.
12. Respondent has not provided a time frame for her intended move and did not
consult with Petitioner/Father regarding this move.
13. Petitioner does not believe it is in his son's best interest to relocate to Maryland.
14. Petitioner is seeking to have his son remain in Pennsylvania pending a full
hearing on the issue of legal and physical custody.
WHEREFORE, Petitioner respectfully requests this Honorable Court enter an Order
directing that Respondent is not permitted to relocate with the minor child until a full hearing has
been held regarding custody.
Respectfully Submitted,
, Es wire
PA I. D. No. 84445
The Law Offices of Darrell C. Dethlefs
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Date:
FLED-THCE
OF IRE PPCOOK710Y
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Ij • , ' I MAY ? 9 2009
WILLIAM R. CHENOWETH, : IN THE COURT OF COMMON PLEAS
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO.: 98-1394
HOLLY E. HIGGINS, : CIVIL ACTION - LAW
Respondent : CUSTODY ACTION
ORDER
AND NOW, this day of Qt7-7-!: , 2009, based on the
forg?etition for Special Relief, it is hereby Ordered and decreed that the -
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WILLIAM R. CHENOWETH IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
HOLLY E. HIGGINS
DEFENDANT
• 1998-1394 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, June 03, 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 Tuesday, June 09, 2009 at 9:00 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. Sunday, Esq. ,1J1
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
H ?.
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William R. Chenoweth, Petitioner IN THE COURT OF COMMON PLEAS
Cumberland County, Pennsylvania
vs. No. 9g /3 9?/
Holly E. Higgins, Respondent CIVIL ACTION-LAW
Custody Action
'Pei41 _ JC/ K I- V W / / IL. G`??Q 4J
And now this 3`d day of June, 2009, I, William Chenoweth do hereby request that my Petition for
Special Relief regarding the minor child Maxwell Jude Chenoweth, be withdrawn by the court, and do
hereby retract statements made therein.
CC: Holly E. Higgix
Melanie L. Erb
William R. Chenowel
905 S. 29th St.
Camp Hill, PA 17011
INS
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William R. Chenoweth, Plaintiff
VS.
Holly E. Higgins, Defendant
IN THE COURT OF COMMON PLEAS
Cumberland County, Pennsylvania
No. 98-1394
CIVIL ACTION-LAW
Custody Action
STIPULATION FOR AGREED MODIFICATION OF CUSTODY ORDER
And now, this 8th day of June, 2009, I, William R. Chenoweth, and I, Holly E. Higgins having without
duress entered into a mutual agreement regarding the modification of the existing custody ordered
established in 2001 regarding the custody of our child Maxwell Jude Chenoweth and do hereby request
this Honourable Court enter the following modification to the existing order:
1. Mother shall be able to relocate to Maryland with Maxwell, as Mother and Father have deemed it in
the best interest of Maxwell to move there with her, since Mother is buying a home there from
Maxwell's grandmother, Barbara A. Underwood where mother and Maxwell will reside. Both
Mother and Father agree that moving to Maryland is in the best interest of Maxwell, as it will
provide for a more stable environment for Maxwell, as mother does not currently own a home and
Father does not own a home in Pennsylvania. Addtionally, the relocation to Maryland will benefit
Maxwell as it will allow Maxwell to spend more time with his grandmother and other relatives in
Maryland, since he will reside there.
2. Father may have Tuesday and Thursday evenings from 6 p.m. through 8 p.m., instead of the hours of
3 p.m. through 5 p.m. Father shall continue to have all other visitation times listed in the existing
court order.
3. If Father does not relocate to Maryland, mother agrees to transport Maxwell to father's residence at
905 S. 29th St., Camp Hill, PA for scheduled visitation with father on Tuesday and Thursday and on
alternate weekends and other visitation times established in the existing order.
4. Father shall be permitted to contact Maxwell via phone after the hours of 8 a.m. and before the hours
of 8:30 p.m.
A copy of the existing court order is attached.
Dated:
Dated: (o `?
Dated: 6 ` S Z) I
William R.
Holly E. H
Witness: Pastor Denny Keller
JA COMMON LTH OF P NNSYLVANIA
NOW I saw
Us; Rae Madsr, Notary Public
Carroetwp.. Party County
My Commission Expires May 13, 2012
Member, P nis Assodatton of Notaries
OF IF ? TAAY
2M9 JUN - 8 PM 3, 2 7
PEN 4S' ? .VA RA
William R. Chenoweth
Plaintiff
Vs.
Holly Higgins
Defendant
JUN 0 d 2009(,
IN THE COURT OF COMMON PLEAS
Cumberland County, Pennsylvania
NO. 98-1394
CIVIL ACTION-LAW
CUSTODY
AND NOW this ` day of 2009, upon receipt of the stipulation for
agreed modification of custody orde rt appears that the parties having reached an
agreement of custody modification which was dictated in their presence and approved by
them, it is hereby ordered and directed as follows:
ORDER
1. Mother shall be able to relocate to Maryland with Maxwell, as Mother and
Father have deemed it in the best interest of Maxwell to move there with her,
since Mother is trying to buy a home there from Maxwell's grandmother,
Barbara A. Underwood where Mother and Maxwell will reside. Both Mother
and Father agree that moving to Maryland is in the best interest of Maxwell,
as it will provide for a more stable environment for Maxwell, as mother does
not currently own a home and Father does not own a home in Pennsylvania.
Additionally, the relocation to Maryland will benefit Maxwell as it will allow
Maxwell to spend more time with his grandmother and other relatives in
Maryland, since he will reside there.
2. Father may have Tuesday and Thursday evenings from 6 p.m. through 8 p.m.,
instead of the hours of 3 p.m. through 5 p.m. Father shall continue to have all
other visitation times listed in the existing court order.
3. If Father does not relocate to Maryland, mother agrees to transport Maxwell to
father's residence at 905 S. 29th St., Camp Hill, PA for scheduled visitation
with father on Tuesday and Thursday and on alternate weekends and other
visitation times established in the existing order.
4. Father shall be permitted to contact Maxwell via phone after the hours of 8
a.m. and before the hours of 8:30 p.m.
?/Ms. Holly Higgins, pro se
/ Melanie L. Erb, Esquire (Attorney for Mr.
c..oiPS »fi1?C?d?
mlb P
4?to?a9
William R. Chenoweth)
FILED--OA=F ICE
OF THE PROPHONOTARY
2009 JUN -9 PM 3= 15
VtJ3vl: L-r-,?-=?, a i:P-UNf Y
PENNSYLVANIA
JUN 15 6W
WILLIAM R. CHENOWETH
Plaintiff
Vs.
HOLLY E. HIGGINS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1998-1394 CIVIL ACTION LAW
IN CUSTODY
ORDER
AND NOW, this 9th day of June, 2009 , the conciliator, having been advised by the
Father, William R. Chenoweth, that he does not wish to pursue his Petition for Special Relief, hereby
relinquishes jurisdiction. The custody conciliation conference scheduled for today is cancelled.
FOR THE COURT,
d?;?
Dawn S. Sunday, Esquire
Custody Conciliator
FlL
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WILLIAM R. CHENOWETH,
Plaintiff
vs.
HOLLY E. HIGGINS,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAl~
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No.98-1394 -t,E~;~ c_
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AND NOW, this ~ S day of ~.! ti ~ ~ , 2010, upon
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IT IS HEREBY ORDERED that Plaintiff is granted temporary primary custody until
further order of court. e
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Je a B. Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA 17055
oily E. Higgins, P.O. Box 951, Alcoa, TN 37701
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SEP 0 7 2010
WILLIAM R. CHENOWETH IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 1998-1394 CIVIL ACTION LAW
HOLLY E. HIGGINS
Defendant IN CUSTODY
ORDER OF COURT
C~~
AND NOW, this ` day of ~~ 2010, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
~A hearing is sc duled in Courtroom Numbe~ of the Cumberland County Courthouse on the
day of d , 2010 at ~: ~ .m., at which time testimony will be taken. For
purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially
with testimony. Counsel for the parties, or a party pro se, 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 10 days prior to the hearing da~~
Edward E. Guido
cc: " J~~e B. Costopoulos, Esquire -Counsel for Father
Holly E. Higgins -Mother
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WILLIAM R. CHENOWETH
Plaintiff
vs.
HOLLY E. HIGGINS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1998-1394 CIVIL ACTION LAW
Defendant IN CUSTODY
Prior Judge: Edward E. Guido
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
Maxwell J. Chenoweth September 21, 1997
2. A custody conciliation conference was held on June 30, 2010, with the following individuals
in attendance: the Father, William R. Chenoweth, with his counsel, Jeanne B. Costopoulos, Esquire.
The Mother, Holly E. Higgins, currently resides in Tennessee and participated in the conference by
telephone.
3. This Court previously entered an Order in this matter on December 17, 2001 under which
the Mother has primary physical custody of the Child and the Father has partial custody on alternating
weekends and during some weekday evenings. The Court subsequently entered an Order on June 9,
2009 when the Mother was planning to move to Maryland reflecting the agreement of the parties that
the Child could be relocated with the Mother and adjusting the Father's weekday evening periods of
custody somewhat. Most recently, the Court entered an Order on May 18, 2010 directing that the
Father's Emergency Petition for Special Relief be treated as a Petition to Modify and scheduled for
conciliation. The Order further provides that "Neither party shall remove the Child from Pennsylvania
pending further Order of Court."
4. The Mother moved to Tennessee in early May 2010 and obtained new employment. The
parties prepared and signed a Stipulation on May 7, 2010 permitting the Mother to relocate with the
Child to Tennessee but providing for the Father to have custody for the remainder of the 2009-2010
school year..The Stipulation further provided that the parties would share custody of the Child during
the subsequent school years with the Mother having custody from August through February and the
Father having custody from February through August. It does not appear that the Stipulation was
entered as a Court Order.
5. The parties were unable to reach an agreement at the conference as to ongoing custodial
arrangements for the Child. Both parties seek primary physical custody during the school year. The
option of obtaining a custody evaluation was discussed at the conference and it is anticipated that the
Mother may file a Petition requiring the Father to participate in an evaluation and pay one-half of the
costs. The Father is willing to cooperate with an evaluation if the Mother pays for it.
6. The parties agreed that counseling is necessary for the Child, who has now been placed
squarely in the middle of the parties' disputes. However, the parties were unable to agree on whether
the counseling would take place in Pennsylvania or Tennessee, or whether the counselor should have a
religious orientation.
7. At the end of the conference when it was determined that a hearing would be necessary in
this matter, the Mother indicated her intention to return to Pennsylvania and reassume having primary
physical custody in accordance with the existing Order as the May 18, 2010 Order only prohibits the
parties from removing the Child from Pennsylvania. As the Father believes that the Child is
emotionally unprepared to return to the Mother's custody and the Mother would have temporary
housing with the need to return to Tennessee for employment training (the Mother indicated that she
would place the Child in the care of a third party), the Father's counsel advised that she will file an
interim petition seeking an Order giving the Father primary physical custody pending the hearing.
8. After this report was initially prepared, the Father's counsel advised the conciliator that the
Mother indicated she would agree to the original Stipulation. This matter was held open to allow the
opportunity for finalization of an agreement. Recently the conciliator was informed by the Father's
counsel that the Stipulation had not been finalized and that a hearing would be necessary. The
conciliator confirmed that with the Mother on September 2, and therefore this report and recommended
Order is being forwarded at this time. It is anticipated that the Mother will obtain legal representation
for the hearing or the filing of any additional petitions.
9. Accordingly, the conciliator recommends an Order in the form as attached scheduling a
hearing in this matter on the issues of relocation and primary physical custody.
~/j-r~ c~/ (7
Date Dawn S. Sunday, Esquire
Custody Conciliator
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JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
130 Gettysburg Pike, Suite C
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
WILLIAM R. CHENOWETH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 1998-1394
HOLLY E. HIGGINS, :CIVIL ACTION -LAW
Defendant :CUSTODY
TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT:
PLAINTIFF'S MOTION FOR CONTINUANCE
AND NOW, comes the Plaintiff, William R. Chenoweth, by and through his attorney,
Jeanne B. Costopoulos, Esquire, and files this Motion based upon the following:
1. Petitioner is William R. Chenoweth, Plaintiff above, hereinafter referred to as Father.
2. Respondent is Holly E. Higgins, Defendant above, hereinafter referred to as Mother.
3. The parties are scheduled for a custody hearing before Judge Edward E. Guido on
October 28, 2010 at 1:00 p.m.
4. The subject child, Maxwell Chenoweth, age 13, was recently evaluated by Mary Jo
Devlin, LCSW, Ste 301, 3507 Market St, Camp Hill, PA 17011-4310. Ms. Devlin has
indicated that she would like to interview other members of the child's family, including
Mother, in an effort to explore her impression that the child suffers from Post Traumatic
Stress Disorder related to traumatic experiences of being abused by Mother. Ms. Devlin
has temporarily recommended that Mother not have unsupervised periods of partial
custody with the child. Ms. Devlin is in the process of preparing a letter containing her
impressions and her request for more time to obtain additional information.
5. The child was recently informed by Mother that she is relocating back to Pennsylvania
from Tennessee sometime in the near future.
6. To hold the custody hearing now would be premature since the child's mental diagnosis
is incomplete and Mother's future living arrangements are not yet known.
7. Mother has not been contacted by undersigned counsel as previous attempts to contact her
have gone unanswered.
WHEREFORE, Plaintiff respectfully requests a continuance of the October 28, 2010
hearing.
RESPECTFULLY SUBMITTED BY:
By; ~~ -------w---. .
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney LD. No. 68735
130 Gettysburg Pike, Suite C
Mechanicsburg, PA 17055
~~ ~ dl v Telephone No. (71 ?} 221-0900
Date: Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Jeanne B. Costopoulos, Esquire, Attorney for the Plaintiff herein, do hereby certify that
on this date I served the foregoing document by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Holly E. Higgins
P.O. Box 951
Alcoa, TN 37701
B / -- -
Y
JEANNE . COSTOPOULOS, ESQUIRE
Attorney LD. No. 68735
130 Gettysburg Pike, Suite C
~ Mechanicsburg, PA 17055
jDl j~24~ D Telephone No. (717) 221-0900
Date: Attorney for Plaintiff
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WILLIAM R. CHENOWETH,
Plaintiff
pCT p 81010
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 1998-1394
HOLLY E. HIGGINS, :CIVIL ACTION -LAW
Defendant :CUSTODY
z~ ORDER
AND NOW, this ~ / day of O , 2010, in consideration of
Plaintiff s Motion for Continuance, the hearing scheduled for October 28, 2010, is continued
until the ~ day of ~ , 2010, at ~' ~ ~ .m. in Courtroom No. 3 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY i COURT:
Edward E. Guido, J.
Distribution:
J~~e Costopoulos, Esq., 130 Gettysburg Pike, Suite C, Mechanicsburg, PA
~:
17055
~~Holly E. Higgins, P.O. Box 951, Alcoa, TN 37701
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WILLIAM R. CHENOWETH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY., PENNSYLVANIA
\7.
HOLLY E. HIGGINS, NO. 1998 - 1394 CIVIL TERM
Defendant
ORDER OF COURT
AND NOW, this 1ST day of DECEMBER, 2010, at the request of Defendant
Holly Higgins, the hearing scheduled for Thursday, December 2, 2010, at 1:00 p.m. is
rescheduled to FRIDAY, JANUARY 21, 2011, at 1:00 p.m. in Courtroom 43.
By the Court,
Edward E. Guido, J.
Jeanne Costopoulos, Esquire
I30 Gettysburg Pike
Suite C
Mechanicsburg, Pa. 17055
Holly E. Higgins
P.O. Box 951
Alcoa, TN 37701
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WILLIAM R. CHENOWETH,
Plaintiff
VS
HOLLY E. HIGGINS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1998-1394 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 21st day of January, 2011, after
hearing, it is hereby ordered and directed as follows:
1. Father, William R. Chenoweth, is granted sole
legal and physical custody of the parties' child, Maxwell
Chenoweth, born 9-21-1997.
2. Mother is to have no contact with the Child unless
initiated by the Child without further order of court.
3. Mother is directed to obtain a comprehensive
psychological and/or psychiatric evaluation. The evaluator should
have input from the Child's counsellor, Mary Jo Devlin, LCSW.
4. We will schedule another hearing in this matter at
the request of either party.
5. Father is directed to continue the Child in
counselling until he is successfully discharged.
By the C t,
Edward E. Guido, J.
'Jeanne Costopoulos, Esquire
For the Plaintiff ?- _
v Hol ly E. Higgins jes rnco c- P . O . Box 951 ? jli x= ?r-
Alcoa, TN 37701 ?I can C)
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