HomeMy WebLinkAbout98-06620
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KIM R. ROWE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 98- L"I,;-;'(j
CIVIL TERM
DANA MARIE HAAS
JASON L. MAHANES
Defendants
CIVIL ACTION-LAW
IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between KIM R. ROWE (hereinafter referred to as
"Grandmother") and DANA MARIE HAAS (hereinafter referred to as "Mother") and
JASON L. MAHANES (hereinafter referred to as "Father"),
WHEREAS, the defendants are the natural parents of Aaliyah Monique
Mahanes, born August?, 1998 (hereinafter referred to as "child"); and,
WHEREAS, the plaintiff is the grandmother of the aforementioned minor child,
WHEREAS, the defendants are presently separated and living in separate
residences; and,
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the child; a;ld,
WHEREAS, the parents agree that they are not currently capable of providing
the best quality of care for their said child; and
WHEREAS, the plaintiff, grandmother is willing to care for and assume custody
of said minor child until such time as the defendants or either one of them shall be
desirous and capable of assuming custody of such minor child;
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
1, The plaintiff and defendants shall have joint legal custody of the child,
2. The plaintiff shall have primary physical custody of the child subject to
such visitation and periods of temporary physical custody by each of the defendants to
which the parties may be mutually agreeable,
3, The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to insure
that the health and well being of the child is protected.
4. Neither plaintiff nor defendants shall do anything which may estrange the
child from the other parties, or injure the opinion of the child as to the other parties or
which may hamper the free and development of the child's love or affection for the
other parties.
5. Any modification or waiver of the provisions of this Agreement shall be
effective only if made in writing and only if executed with the same formality as this
Stipulation and Agreement.
6, The parties desire that this Stipulation and Agreement be made an Order
of Court to the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in fact,
have jurisdiction over the issue of custody and the parties's minor child and shall retain
jurisdiction should circumstances change and either party desire or require modification
of said Order,
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I 7, The parties aglOe trlat in making this Agreement, there has been no
II fraud, concealment, overreaching, coorClon or other unfair dealing on the part of the
other,
8, The parties acknowledge that they have read and understand the
provisions of this Agreement.
9. Each party acknowledges that the Agreement is fair and equitable and
that it ;s not the result of any duress or undue influence,
IN WITNESS WHEREOF, the parties herelo intending to be legally bound by the
terms hereof set their hands and seal the day and year written below,
WITNESS:
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KIM R. ROWE
DATE:
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DANA MARIE HAAS
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KIM It ROWE.
Plaintiffi'Rcspondcnt
: II'; TilE ('OURT OF COMMaI'; PLEAS
: CUMBERLAI';D ('OU1\:TY, PENNSYLVANIA
vs,
1';0, lJX-6620 ('IVIL TERM
DANA MARIE HAAS.
Dcfcndant/Pctitioncr
and
JASON L. MAIIANES.
Dcfcndant/Rcspondcnt
II'; CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Dana Maric Ilaas. Dcfcndant/Pctitioncr. to procccd in fonna Ilauncris,
I. Jessica Diamondstonc. attorncy for the party proceeding in fornla nauneris, certify that
I believe the party is unable to pay the costs and that I am providing free legal services to the
party,
Jessica amondstone, Esquire
Grace D' Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
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IIUG 2 ~ 2004 .
KIM R, ROWE.
PlainlifTIRespondent
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLV/\NIA
vs,
: NO, 98-6620 CIVIL TERM
DANA MARIE HAAS,
Defendant/Petitioner
and
JASON L. MAHANES,
Defendant/Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
. upon consideration of the Petition For
Contempt and Modification. the following order is entered:
I, This Court finds Plaintiff/Respondent in contempt of the November 30. 1998, Custody
Order,
2, This maller is scheduled for conciliation before
on
.2004, at_:__,m.
3, Plaintiff/Respondent shall immediately reinstate Defendant/Petitioner's periods of
temporary physical custody on alternating weekends from 6:00 p.m, on Friday until 6:00
p,m. on Sunday,
4, Defendant/Petitioner shall have reasonable telephone contact with the child,
By the Court,
J.
custody of the child and grants the mother periods of visit;llion as the parties shall tiod
mutually agreeahle, Mureover, the parties are nuttu do anything to estrange the ,hild
from the other parties or to injure the ollinion of the child as to the olher parties or which
may hamper the frce development of the ehild's love or affeetion for the olher parties,
(" The November 30. 199H Custody Order was entered upon agreement of all parties, All
parties complied with the Order. with Mother exercising her periods oflemporary
physical custody on alternating weekends. unlil June 17.2004. when Grandmother
unilaterally denied the mother contact with the child.
7. Grandmother has willfully disobeyed the Order in ways including. but not limited to. the
following:
a, Refusing to permit Mother to exercise her periods of temporary physical custody
in accordance with the Court Order. Mother has not seen the child since June 17.
2004.
b, Grandmothcr has placed thc child in therapy/counseling without discussing the
decision with Mother, Grandmother refuscs to tcll Mother where or with whom
the thcrapy takes place, making it impossible for Mother to exercise her right to
shared legal custody of the child,
c, Grandmother docs not provide Mother with sufficient. if any, advance notice of
information regarding the child's medical appointments or with information
regarding the child's schooling, denying Mother the ability to exercise her rights
to shared legal custody and remain informed about the child's life,
d. Grandmothcr il1lcrfcres with thc ongoing mothcr/child relationship by
discouraging thc child from col1lacting Mothcr hy tclcphone or rctllrnillg
mcssages whcn Mothcr calls to spcak to thc child,
e. Grandmothcr has adviscd othcr family mcmbcrs Hot to allow Mothcr to spcak to
thc child by tclcphone,
8, Grandmothcr is not acting in the child's bcst intercst for rcasons ineluding, but not
limited to, the following:
a, Grandmother has willfully dcnied Mother physical contact with the child in ways
sct forth in Paragraph Five (5) of this Petition,
b. Grandmother has used hcr disapproval of Mother's boyfriend to interfere with
Mothcr's right to exercise pcriods of temporary physical eustody, thus harming
the healthy mother/child relationship that had dcveloped.
c. Grandmothcr discusses adult issues with the child regarding Mother's life and
adult decisions she has made, Placing the child in the midst of such adult
situations and using the child as a weapon to resolve adult issues is unhealthy for
the child's mental and emotional development.
9, Mother is the person who can best provide for the ehild for reasons including, but not
limited to, the following:
a. Mother has a home that is a safe and nurturing environment in which to raise a
child and ean provide for the child's emotional, physical, medical and educational
needs.
b, Mother is able to provide for the day-to-day finaneial needs of a child,
WHEREFORE, Petitioner respectfully requests tlwtlhis Court:
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n, Find Gmndmother in contempt of Ihe NOl'emher 30, 1991\ Cuslody Order,
b. Schedule this mnller li,r eoneilintionto eSlahlish lerms of nmodilied order
granting Mother primary physical euslody of the child, Anliyah MOllique
Mahanes,
c. Order Grandmother to immedialely reiuslale Mother's periods of temporary
custody on altcf11nting wcekellds fromlJ:OO 11.111, IIn Friday until 6:00 p.m. on
Sunday,
d, Order Grandmother 10 nllow Mother reasonable Ielephone eonlnel with the child
when the child is in Grandmother's custody,
e. Order any other relief Ihis Courl deems just and proper,
Respcelliilly suhl11illed,
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Jessie' Diamondstone, Esquire
Grace D'Alo, Esquire
Midl'enn Legal Services
X Irvine Row
Carlisle, I' A 17013
(717) 243-9400
VERIFICATION
The above-named DEFENDANT, Dana Marie Haas, verifies that
the statements made in the above complaint For Custody are true
and correct. Defendant understands that false statements herein
Pa, c.s, ~4904, relating
are made subject to the penalties of 18
to unsworn falsification to
Date: '~. r-\-(i--~
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Dana Mari e Haas I '
KIM R. ROWE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMnFRI ANn C;OUNTY, PFNNSYLVANIA
v.
NO 98- ',(' ~ (, .' \.. ' CIVIL TERM
CIVIL ACTION.LAW
IN CUSTODY
DANA MARIE HAAS,
JASON L. MAHANES
Defendants
ORDER OF COURT
AND NOW, this ..~.. ((, day of Ii I" 1998, the attached Stipulation
and Agreement is hereby made an Order of Court
BY THE COURT,
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NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
1. The plaintiff and defendants shall have joint legal custody of the child,
2. The plaintiff shall have primary physical custody of the child subject to
such visitation and periods of temporary physical custody by each of the defendants to
which the parties may be mutually agreeable.
3. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to insure
that the health and well being of the child is protected.
4, Neither plaintiff nor defendants shall do anything which may estrange the
child from the other parties, or injure the opinion of the child as to the other parties or
which may hamper the free and development of the child's love or affection for the
other parties,
5, Any modification or waiver of the provisions of this Agreement shall be
effective only if made in writing and only if executed with the same formality as this
Stipulation and Agreement.
6. The parties desire that this Stipulation and Agreement be made an Order
of Court to the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in fact,
have jurisdiction over the issue of custody and the parties's minor child and shall retain
jurisdiction should circumstances change and either party desire or require modification
of said Order.
..
II
7, The parties aglOO fllat in making this Agreemont, Ihere has been no
fraud, concealment, overreaching, coercion or other unfair dealing on the part of Ihe
olher,
8. The parties acknowledge that they have road and understand the
provisions of this Agreement.
9. Each party acknowledges that the Agreement is fair and equitable and
that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof set their hands and seal the day and year written below.
WITNESS:
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'KiM R. ROWE
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DATE:
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DANA MARIE HAAS
DATE: / / 1- /"/ -y/,;,;'
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(/ JASON L. MAHANES
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DATE:_--Ll:J:9 '''1'/
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KIM R, ROWE,
Plaintiff/Respondent
: 11'\ TilE COURT OF COMMON PLEAS
: CUMBERLA1'\D COU1'\TY,PE1'\NSYLVANIA
VS,
1'\(), ')X.662ll CIVIL TERM
DANA MARIE IIAAS,
De fendant/Peli I iOller
and
JASON L. MAIIANES,
Defendant/Respondent
IN CUSTODY
CERTIFICATE OF SERVICE
I, Jessiea Diamondstone, Esquire, of MidPenn Legal Services, altomcy for the
Defendant/Petitioner, Dana Marie lIaas, hereby certify that I have served a copy of the foregoing
Petition for Contempt and Modification on the following date and in the manner indicated below:
V,S, First Class Mail, Posta!!e Pre-Paid
Kim R, Rowe
241 West Baltimore Street
Carlisle, Pennsylvania 17013
Jason L. Mahanes
241 West Baltimore Street
Carlisle, Pennsylvania 17013
Date: J'!-2,t/Ol/
Jessi Diamondstone, -squire
8 Irvine Row
Carlisle, Pennsylvania 170/3
(717) 243-9400
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Kll\Ilt IWWE,
I'I1Iintiff
IN TilE COURT OF COMMON I'I.EAS OF
CUMBERLAND COUNTY,I'ENNSYLVANIA
\'
CIVIL ACTION -LAW
DANA l\IAnlE IIAAS & ,JASON I..
l\IAIIANES.
NO, 199M - 6620
Defendllnts
IN CUSTODY
C_OURT ORDER
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AND NOW, this S day of
oJ-
, 2004, the Conciliator being
the Conciliator relinquishes
advised that the parties have reached an agreement,
jurisdiction,
BY THE COURT,
Hubert X, Gilro)'
Custody ConcHi. r
C1#-KJ
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OCT 1 4 ILC4
KIM R, ROWE,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYI.V ANIA
vs,
NO. 98-6620 CIVIL TERM
DANA MARIE IIAAS,
Defendant
and
CUSTODY
JASON L. ivlAHANES,
Defendant
CUSTODY ORDER AND AGREEMENT
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AND NOW, this -.15....ti day of Sefltchlbcr 2004, the following Order is entered by
consent of the parties with regard to custody of the minor child, Aaliyah Monique Mahanes, born
August 7, 1998:
I. Plaintiff, Kim Rowe, hereinafter referred to as Grandmother; Defendant, Dana Marie
Haas, hereinafter referred to as Mother; and Jason Mahanes, hereinafter referred to as
Father, shall share legal custody of Aaliyah,
2, Grandmother shall have primary physical custody of Aaliyah,
3, Father shall enjoy periods of partial physical custody at times that do not interfere with
Mother's periods of partial physical custody and that arc agreeable to Grandmother,
4. Mother shall enjoy periods of partial physical custody in accordance with the following
terms:
a, The third Friday of every month at 6:00 p.m. until Sunday at4:00 p,m.
b. During the periods of partial custody, Mother's boyfriend, Brian Baumgardt, shall
not be present or havc telephone contact with Mother or Aaliyah.
"
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e, During the periods ofpm1ial custody, Aaliyah will not share a bed with her half-
brother,
d, Mother shall provide all transportation for her periods of partial custody and will
have an appropriate booster scat for Aaliyah.
5, The parties shall continue to work together to establish an appropriate custody schedule
for holidays.
6, Mother shall have time with Aaliyah on Mother's Day.
7, Grandmother, Mother and Father agree that each shall notify the others immediately of
medical emergencies that arise while Aaliyah is in that parties' care,
8, No party shall do anything which may estrange Aaliyah from any other party, or injure
Aaliyah's opinion as to the other parties or which may hamper the free and natural
development of Aaliyah 's love or respect for the other parties,
9. The parties may modify the schedule by mutual agreement. Absent an agreement, the
custody schedule set forth above shall control.
10. The parties agree that in making this Agreement, there has been no fraud, concealment,
overreaching, coercion or other unfair dealing on the part of the other,
I I. The parties acknowledge that they have read and understand the provisions of this
Agreement.
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( KlM R. ROWE
Plaintiff
DANA MARIE HAAS
JASON L. MAHANES
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- {,_.,¢'(..o 2(~ CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between KlM R. ROWE (hereinafter referred to as
"Grandmother") and DANA MARIE HAAS (hereinafter referred to as "Mother") and
JASON L. MAHANES (hereinafter referred to as "Father").
WHEREAS, the defendants are the natural parents of Aaliyah Monique
Mahanes, born August 7, 1998 (hereinafter referred to as "child"); and,
WHEREAS, the plaintiff is the grandmother of the aforementioned minor child.
WHEREAS, the defendants are presently separated and living in separate
residences; and,
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the child; and,
WHEREAS, the parents agree that they are not currently capable of providing
the best quality of care for their said child; and
WHEREAS, the plaintiff, grandmother is willing to care for and assume custody
of said minor child until such time as the defendants or either one of them shall be
desirous and capable of assuming custody of such minor child;
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
1. The plaintiff and defendants shall have joint legal custody of the child.
2. The plaintiff shall have primary physical custody of the child subject to
such visitation and periods of temporary physical custody by each of the defendants to
which the parties may be mutually agreeable.
3. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to insure
that the health and well being of the child is protected.
4. Neither plaintiff nor defendants shall do anything which may estrange the
child from the other parties, or injure the opinion of the child as to the other parties or
which may hamper the free and development of the child's love or affection for the
other parties.
5. Any modification or waiver of the provisions of this Agreement shall be
effective only if made in writing and only if executed with the same formality as this
Stipulation and Agreement.
6. The parties desire that this Stipulation and Agreement be made an Order
of Court to the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in fact,
have jurisdiction over the issue of custody and the parties's minor child and shall retain
jurisdiction should circumstances change and either party desire or require modification
of said Order.
7. The parties agree that in making this Agreement, there has been no
fraud, concealment, overreaching, coercion or other unfair dealing on the part of the
other.
8. The parties acknowledge that they have read and understand the
provisions of this Agreement.
9. Each party acknowledges that the Agreement is fair and equitable and
that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof set their hands and seal the day and year written below.
WITNESS:
DATE:
KlM R. ROWE
? £
DA.A UAR,E .N S
(./ JASON L MAHANES
II
KlM R, ROWE,
Plaintiff
DANA MARIE HAAS,
JASON L. MAHANES
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- {~(,j~CO CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~c~-~, day of /~, ~_~ , 1998, the attached Stipulation
and Agreement is hereby made an Order of Court.
'BY THE COURT,
KIM R. ROWE,
Plaintiff/Respondent
VS.
DANA MARIE HAAS,
Defendant/Petitioner
and
JASON L. MAHANES,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COIZNTY, PENNSYLVANIA
:
: NO. 98-6620 CIVIL TE, RM
: IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Dana Marie Haas, Defendant/Petitioner, to proceed in forma pauperis.
I, Jessica Diamondstone, attorney for the party proceeding ~in forma pauperis, certify that
I believe the party is unable to pay the costs and that I am providing free legal services to the
Je me, Esquire
Grace D Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
KIM R. ROWE,
Plaintiff/Respondent
VS.
DANA MARIE HAAS,
Defendant/Petitioner
and
JASON L. MAHANES,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-6620 CIVIL TERM
IN CUSTODY
PETITION FOR CONTEMPT AND MODIFICATION
Petitioner, Dana Marie Haas, by and through her counsel, MidPenn Legal Services, states
the following:
1. Defendant/Petitioner, hereinafter referred to as Mother, resides at 7088 Spruce Park,
Lebanon, Lebanon County, Pennsylvania 17046.
2. Plaintiff/Respondent, hereinafter referred to as Grandmother, resides at 241 West
Baltimore Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. Defendant/Respondent, Jason L. Mahanes, hereinafter referred to as Father, resides at an
unknown address in Carlisle, Cumberland County, Pennsylvania. His last known address
is with Grandmother at 241 West Baltimore Street, Carlisle, Cumberland County,
Pennsylvania 17013.
4. The above-named parties are the natural mother, paternal grandmother and father of the
child, Aaliyah Monique Mahanes, born August 7, 1998.
5. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference,
is dated November 30, 1998. The Order, in pertinent part, grants the parties joint legal
custody of the child and grants the mother periods of visitation as the parties shall find
mutually agreeable. Moreover, the parties are not to do anything to estrange the child
from the other parties or to injure the opinion of the ch:ild as to the other parties or which
may hamper the free development of the child's love or affection for the other parties.
6. The November 30, 1998 Custody Order was entered upon agreement of all parties. Ail
parties complied with the Order, with Mother exercising her periods of temporary
physical custody on alternating weekends, until June 17, 2004, when Grandmother
unilaterally denied the mother contact with the child.
7. Grandmother has willfully disobeyed the Order in ways including, but not limited to, the
following:
a. Refusing t° permit Mother to exercise her periods of temporary physical custody
in accordance with the Court Order. Mother has not seen the child since June 17,
2004.
b. Grandmother has placed the child in therapy/counseling without discussing the
decision with Mother. Grandmother refuses to tell Mother where or with whom
the therapy takes place, making it impossible for Mother to exemise her right to
shared legal custody of the child.
c. Grandmother does not provide Mother with sufficient, if any, advance notice of
information regarding the child's medical appointments or with information
regarding the child's schooling, denying Mother the ability to exemise her rights
to shared legal custody and remain informed about the child's life.
d. Grandmother interferes with the ongoing mother/child relationship by
discouraging the child from contacting Mother by telephone or returning
messages when Mother calls to speak to the child.
e. Grandmother has advised other family members not to allow Mother to speak to
the child by telephone.
8. Grandmother is not acting in the child's best interest for reasons including, but not
limited to, the following:
a. Grandmother has willfully denied Mother physical contact with the child in ways
set forth in Paragraph Five (5) of this Petition.
b. Grandmother has used her disapproval of Mother's boyfriend to interfere with
Mother's fight to exercise periods of temporary physical custody, thus harming
the healthy mother/child relationship that had developed.
c. Grandmother discusses adult issues with the child regarding Mother's life and
adult decisions she has made. Placing the child in the midst of such adult
situations and using the child as a weapon to resolve adult issues is unhealthy for
the child's mental and emotional development.
9. Mother is the person who can best provide for the child :['or reasons including, but not
limited to, the following:
a. Mother has a home that is a safe and nurturing environment in which to raise a
child and can provide for the child's emotional, physical, medical and educational
needs.
b. Mother is able to provide for the day.to_day financial needs of a child.
c. Mother is the primary custodian of Aaliyah's half-sister and half-brother. Aaliyah
developed a relationship with her half-siblings and it is important that she be able
to continue to nurture that relationship with her other family members.
d. Without this Court's intervention, the child is at risk of being harmed by being
denied contact with Mother.
10. Mother is unaware of whether Grandmother or Father ]las counsel and is unable to seek a
concurrence to this Petition and the relief requested herein.
WHEREFORE, Petitioner respectfully requests that this Comet:
a. Find Grandmother in contempt of the November 30, 1998 Custody Order.
b. Schedule this matter for conciliation to establish terms of a modified order
granting Mother primary physical custody of the child, Aaliyah Monique
Mahanes.
c. Order Grandmother to immediately reinstate Mother's periods of temporary
custody on alternating weekends from 6:00 p.m. on Friday until 6:00 p.m. on
Sunday.
d. Order Grandmother to allow Mother reasonable, telephone contact with the child
when the child is in Grandmother's custody.
e. Order any other relief this Court deems just and proper.
Respectfully submitted,
Jessic~Dimnondstone, Esquire
Grace'D'Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
The above-named DEFENDANT, Dana Marie Haas, verifies that
the statements made in the above Complaint For Custody are true
and correct. Defendant understands that false statements herein
are made subject to the penalties of 18 Pa. c.s. §4904, relating
to unsworn falsification to authorities.
Date: -
Dana Marie Haast / J
KlM R. ROWE,
Plaintiff
DANA MARIE HAAS,
JASON L. MAHANES
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN CUSTODY
CIVIL TERM
ORDER OF COURT
AND NOW, this ~>l~ day of ~ ~., ~:--~-,:~ , 1998, the attached Stipulation
and Agreement is hereby made an Order of Court.
'BY THE COURT,
-.;t ,--' ,.
KlM R. ROWE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 98- L~ ~_v_L3 CIVIL TERM
DANA MARIE HAAS
JASON L. MAHANES
Defendants
CIVIL ACTION-LAW
IN CUSTODY
CUSTODY STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between KlM R. ROWE (hereinafter referred to as
"Grandmother") and DANA MARIE HAAS (hereinafter referred to as "Mother") and
JASON L. MAHANES (hereinafter referred to as "Father").
WHEREAS, the defendants are the natural parents of Aaliyah Monique
Mahanes, born August 7, 1998 (hereinafter referred to as "child"); and,
WHEREAS, the plaintiff is the grandmother of the ,aforementioned minor child.
WHEREAS, the defendants are presently separated and living in separate
residences; and,
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the child; and,
WHEREAS, the parents agree that they are not currently capable of providing
the best quality of care for their said child; and
WHEREAS, the plaintiff, grandmother is willing to care for and assume custody
of said minor child until such time as the defendants or either one of them shall be
desirous and capable of assuming custody of such minor child;
NOW THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as 'follows:
1. The plaintiff and defendants shall have joint legal custody of the child.
2. The plaintiff shall have primary physical custody of the child subject to
such visitation and periods of temporary physical custodyr by each of the defendants to
which the parties may be mutually agreeable.
3. The parties will keep each other advised immediately relative to any
emergencies concerning the child and shall further take any necessary steps to insure
that the health and well being of the child is protected.
4. Neither plaintiff nor defendants shall do anything which may estrange the
child from the other parties, or injure the opinion of the child as to the other parties or
which may hamper the free and development of the child's love or affection for the
other parties.
5. Any modification or waiver of the provisions of this Agreement shall be
effective only if made in writing and only if executed with the same formality as this
Stipulation and Agreement.
6. The parties desire that this Stipulation and Agreement be made an Order
of Court to the Court of Common Pleas of Cumberland County, and further
acknowledge that the Court of Common Pleas of Cumberland County does, in fact,
have jurisdiction over the issue of custody and the parties's minor child and shall retain
jurisdiction should circumstances change and either party desire or require modification
of said Order.
7. The parties agree that in making this Agreement there has been no
fraud, concealment, overreaching, coercion or other unfair dealing on the part of the
other.
8. The parties acknowledge that they have read and understand the
provisions of this Agreement.
9. Each party acknowledges that the Agreement is fair and equitable and
that it is not the result of any duress or undue infk,ence.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the
terms hereof set their hands and seal the day and year written below.
WITNESS:
iM R. ROWE
?
DANA MARIE HAAS
DATE: 11+
DATE:
KIM R. ROWE,
Plaintiff/Respondent
VS.
DANA MARIE HAAS,
Defendant/Petitioner
and
JASON L. MAI-lANES,
Defendant/Respondent
.CERTIFICATE OF SERVICI~
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 98-6620 CIVIL TEPd,V[
IN CUSTODY
I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the
Defendant/Petitioner, Dana Made Haas, hereby certify that I have served a copy of the foregoing
Petition for Contempt and Modification on the following date attd in the manner indicated below:
U.S. First Class Mail~ Postage Pre-Paid_
Kim R. Rowe
241 West Baltimore Street
Carlisle, Pennsylvania 17013
Jason L. Mahanes
241 West Baltimore Street
Carlisle, Pennsylvania 17013
Date:
MidPenn Le/~f!~SJflMces, Inc.
~~mondstone,~qu'
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
AUG 2 5 2004
KlM R. ROWE,
Plaintiff/Respondent
VS.
DANA MARIE HAAS,
Defendant/Petitioner
and
JASON L,. MAHANES,
D~fendant/Respondent
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 98-6620 CIVIL TERM
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this day of , upon consideration of the Petition For
Contempt and Modification, the following order is entered:
1. This Court finds Plaintiff/Respondent in contempt of the November 30, 1998, Custody
Order.
2. This matter is scheduled for conciliation before on
., 2004, at :__ .m.
3. Plaintiff/Respondent shall immediately reinstate DefendantfPetiti°ner' s peri°ds °f
temporary physical custody on alternating weekends from 6:00 p.m. on Friday until 6:00
p.m. on Sunday.
4. Defendant/Petitioner shall have reasonable telephone contact with the child. By' the Court,
Distribution:
Jessica Diamondstone, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Kim R. Rowe, Plaintiff/Respondent
241 West Baltimore Street
Carlisle, PA 17013
Jason L. Mahanes, Defendant/Respondent
241 West Baltimore Street
Carlisle, PA 17013
: IN THE cOURT OF COMMON PLEAS OF
KlM R. ROWE
PLAINTIFF : CUMBERLAND coUNTY, PENNSYLVANIA
V. : 98-6620 CIVIL ACTION LAW
DANA MARIE HAAS & JASON L. IN CUSTODY
MAHANES
DEFENDANT
oRDER OF COURT
AND NOW, TuesdaJ2~gust 31, 2004 upon conskleration of the attached Complaint,
is hereby directed that parties and----their respective counsel appear before _~E[uber~tt X G~Esq. , the conciliator,
iatt 4th Floor, Cumberland County~_ourthouse, Carlisle on Wednesday, September 29, 2004 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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 ali 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/~L__ Hub~rt_JL_Gilro~Esq.
Custody Conciliator
mhc
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. 1F YOU DO NOT
HAVE AN ATTORNEY OR cANNOT AFFORD ONE, GO TO OR ~IT, LEPHONE THE OFFICE SET
FORTft BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 15'013
Telephone (717) 249-3166
KIM R. ROWE,
Plaintiff
VS.
DANA MARIE HAAS,
Defendant
and
JASONL.' ' · ~
MAHANE~,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 98-6620 CIVIL TERM
:
: CUSTODY
:
.CUSTODY ORDER AND AGREEMENT
AND NOW, this ~S' ~ day of g~ptember 2004, the following Order is entered by
consent of the parties with regard to custody of the minor child, Aaliyah Monique Mahanes, born
August 7, 1998.'
1. Plaintiff, Kim Rowe, hereinafter referred to as Grandmother; Defendant, Dana Marie
Haas, hereinafter referred to as Mother; and Jason Mahanes, hereinafter referred to as
Father, shall share legal custody of Aaliyah.
2. Grandm°ther shall have primary physical custody of Aaliyah.
3. Father shall enjoy periods of partial physical custody at times that do not interfere with
m ' '
other s periods of partial physical custody and that are agreeable to Grandmother.
4. Mother shall enjoy periods of partial physical custody in accordance with the following
terms:
a. The third Friday of every month at 6:00 p.m. until Sunday at 4:00 p.m.
b. During the periods of partial custody, Mother's boyfriend, Brian Baumgardt, shall
not be present or have telephone contact with Mother or Aaliyah.
c. During the periods of partial custody, Aaliyah will not share a bed with her half-
brother.
d. Mother shall provide all transportation for her periods of partial custody and will
have an appropriate booster seat for Aaliyah.
5. The parties shall continue to work together to establish an appropriate custody schedule
for holidays.
6. Mother shall have time with Aaliyah on Mother's Day.
7. Grandmother, Mother and Father agree that each shall notify the others immediately of
medical emergencies that arise while Aaliyah is in that parties' care.
8. No party shall do anything which may estrange Aaliyah from any other party, or injure
Aaliyah's opinion as to the other parties or which may hamper the free and natural
development of Aaliyah's love or respect for the other pm'ties.
9. The parties may modify the schedule by mutual agreement. Absent an agreement, the
custody schedule set forth above shall control.
10. The parties agree that in making this Agreement, there has been no fraud, concealment,
overreaching, coercion or other unfair dealing on the part of the other.
11. The parties acknowledge that they have read and understand the provisions of this
Agreement.
By the;)Tj~ ~'/Judge
This Order is entered pursuant to the consent of the parties:
Klm R. Rowe, Plaintiff
omey fo(Plaint~
26 West Hib~h..g~e
Carlisle, PA 17013
(717) 243-6222
lire
Yf
Jessic~Diamondstone, Esquire
Attorhey for Defendant
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Pro Se