The URL can be used to link to this page

Home My WebLink About01-04838IN THE COURT OF COMMON PLEAS MELISSA K. TONER Plaintiff VERSUS KE[VNETH J. TONER Defendant DECREE [N DIVORCE rnrrr. AND NOW, September 2~~ ZOO2 ~ IT IS ORDERED AND DECREED THAT AND Melissa K. Toner Kenneth J. Toner ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, .DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. N O. 2001 - 4838 ATTEST: ..r J, _ PROTHONOTARY /-~[ i" ~ // p~~~' L~~ ~O-17t"-~i'~ .: _.6 ~~ 't'.E"c '',_. z „r.~;x fi --...,yams. .. ~. ~„aK,_ R:?1C~9 M MELISSA K. TONER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 4838 CIVIL TERM KENNETH J. TONER, :CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Defendant signed an Acceptance of Service form on August 16, 2001. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on January 28, 2002; and Defendant on August 1, 2002 . B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None. Respectfully submitted, Robert L. O'Brien, Esquire `i ~ ,3 ~- t~~ .r. "- 'TJ LI:F y ~,Y ~. _1 f~~', ..~eJ _ Ty' . b, !. ~(_, ~ _ p ~:; ~ v~ _ , ~ J ~C +~ ~~~ ~ A MELISSA K. TONER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH J. TONER • 01-4838 CIVIL ACTION LAW DEFENDANT . IN CUSTODY ORIDER OF COURT AND NOW, Wednesday, August 29, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 26, 2001 at 9:30 a.m. for aPre-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 heazd 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 appeaz 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/ Jac~uelineM. Verne, Esq 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 f~JL.ud¢k"'d'mnxl: .¢ ."..:,!e.v :cw..i _rvr.vi...3.i... i-- r .:.,a .,a.e R.c.b91t0~.^~bffi4R'i#3~ZlY^Cdnkshebl'.n!smtiv.~;¢k,3f3z'..efbmxl """' Yavmusvav€mammm ~: :~\1 l~ ('r i t5v 1 e •'t 1 ' i ~ ~ .~ /~ I ~~~~\I ice) r I~hd;~}t~rl_P~lA ~:~i ai ~~~ ~ ~ ~ ~°~. MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA N0. 2001- `138 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOL 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 (717)249-3166 MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2001- ~/C4~~3~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D~ OF THE DIVORCE CODE 1. Plaintiff is Melissa K. Toner, an adult individual who currently resides at 35 Georgetown Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant is Kenneth J. Toner, an adult individual who currently resides at 840 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 23, 1998, in Jamaica. COUNT I -DIVORCE UNDER SECTIONS 3301 (c) AND 3301 ~d) OF THE DIVORCE CODE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The Plaintiff is Melissa K. Toner, an adult individual residing at 35 Georgetown Road, Gardners, Cumberland County, Pennsylvania. 12. The Defendant is Kenneth J. Toner, an adult individual residing at 840 Yverdon Drive, Camp Hi11, Cumberland County, Pennsylvania. 13. Plaintiff seeks custody of Brittany M. Toner, born December 19, 1996 and the parties unborn child which is due on or about October 22, 2001. Brittany was born while the parties were not married. The children are presently in the custody of Plaintiff at 35 Georgetown Road, Gardners, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following COUNT II -CUSTODY persons at the following addresses: Persons Residences Dates Melissa K. Toner 35 Georgetown Road Gardners, PA 17324 April 30, 2001 to present Melissa K. Toner 840 Yverdon Drive April 1, 2001 to Kenneth J. Toner Camp Hill, PA 17011 April 30, 2001 Melissa K. Toner 106 Cider Drive September, 1997 to Kenneth J. Toner York Springs, PA 17372 March 31, 2001 Melissa K. Toner 680 Kuhn Road birth to Kenneth J. Toner Gardners, PA 17324 September, 1997 The natural father of the children is Kenneth J. Toner, currently residing at 840 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the child is Melissa K. Toner, currently residing at 35 Georgetown Road, Gardners, Cumberland County, Pennsylvania. She is married to the Defendant. 14. The relationship of the Piaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Larry and Carol Brunner Parents Tara Brunner Sister 15. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with the following persons: Names None Relationship 16. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children 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 children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children. Respectfully submitted, O'BRIEN, BARK & SCHERER By. ~~~__~NL^-- Robert L. O'Brien, Esquire Attorney for Plaintiff {.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/toner.com VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. `--i~yll_14.c~ `e~ .~r~~~ Melissa K. Toner Date: b' to QL.~ C, ~. '~ ~ `~' ~, ~ ~, °~ ~ ~ k r 1 d C`~' 4' ~; ~r, - ~_: -_ _ ~ ., r .. - -, I t ^~ I l_ zc _ . ,< ~> T' G- erg a . ~ -~ \L1 - G '~ MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4838 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 33m1(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 16, 2001. 2. Defendant acknowledged receipt and accepted service of the Complaint on August 16, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: j ( Q ~Y M i sa K. Toner ~ ~ r rt c_ e'er ' r.Y .~! -o c~ a~* - ~_.~, ~. _ P`.7 ,- 1 ~~.' `Tl m.i _ .. y ~-1 .y. :~:' f :t ~ `J'~:.~. ~~ -'' ;.T1 A ...A MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 2001-4838 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 3301(Cl OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 16, 2001. Defendant acknowledges receipt and accepts service of the Complaint on August 16, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the.date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ~v ~ Je?c!L~~~t,C~, ~~ C~~ Kenneth J. Toner ~7 Gf~T Vi`i` ~-J ~ ~~s ll- ~ ~ ~~~~x~E~~ ~i~~~ -~ (v~ ~~ ~ ~ v G sa• "Dix ,l DTI{i"' u7 -~ ~ ~ ~ 2 _, ' , . ., l ~ p l c - cs, , '', ' . Y~/~+y{~.)~ _'/ MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- L{~~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this 16th day of August, 2001, I, Kenneth J. Toner, Defendant above, hereby accept service of the Complaint in Divorce filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. Kenneth J. Toner .; =' c. -; ~;: ' F 1 1 f i -rJ ,G Y. z t' -- _ = < r~~ ; - _ ( 4- _..i. -_ ' • _ ~ i J ~~ f~ _ cs .E',~C -, DEC 1 2 200 MELISSA K TONER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW KENNETH J. TONER, : N0.2001-4838 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this I G~' day of i~2~ , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court. oom No. c~ , of the Cumberland County Court House, on the .~D~ day of , 2002, at ~'yS o'clock, A . M., at which time testimony w' be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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 agreement of the parties, the following shall remain in effect: 3. The Mother, Melissa K. Toner and the Father, Kenneth J. Toner shall have shared legal custody of Brittany M. Toner, born December 19, 1196 and Dylan David Toner, born October 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. The Father and Mother shall have shared physical custody of the children on an alternating 2/3/2 day schedule. Father shall begin the two-day rotation on December 12, 2001. 5. The Christmas.Holiday shall be in two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in 2001. 6. Transportation shall be as agreed by the parties. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. J. cc: Robert L. O'Brien, Esquire, counsel for Mother Kenneth J. Toner, pro se ~ 840 Yverdon-Drive nO~ C11=2J1,p1 Camp Hill, Pa 17011 L ~s 12-19-01 ~ _. . ~. DEC 1 2 ~fio~ MELISSA K. TONER, Plaintiff V. KENNETH J. TONER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001-4838 CIVIL TERM IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany M. Toner December 19, 1996 shared Dylan David Toner October 8, 2001 Mother 2. A Conciliation Conference was held December 12, 2001 with the following individuals in attendance: The Mother, Melissa K. Toner, with her counsel, Robert L. O'Brien, Esquire, and the Father, pro se. 3. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule and one evening per week: Mother maintains that a shared physical custody arrangement would be disruptive to the children, that the children need stability. 4. Father's position on custody is as follows: Father seeks shared legal and physical custody. Father maintains that he has cared for the older child an equal amount of time and he wishes to do the same for the newborn. He fears that if he does not have shared physical custody, he will lose the close relationship he presently has with Brittany and hopes to establish with the baby. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal and physical custody on an alternating 2/3/2 day schedule. It is expected that the Hearing will require one half (1/2) day. .. .., ~~ Date ~ ac line M. Verney, Esquire Custody Conciliator ,:~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant No. 2001-4838 (CIVIL TERM) IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of the Defendant, Kenneth 7. Toner, in the above- captioned matter. Date: HANFT & KNIGHT, P.C. t ichae 7. anft, E uire Attorney I.D. No. 57976 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717)249-5373 Attorneys for Defendant F:\User Folder\Firtn Dora\Gendoa2002@591-Lpraz 2.rnter.wpd `-. -a C~ ;;.~ -, 21~', ,n, ,. _ ~- } - ' c .~~ . 1 ,_ ~'1 .: .irosb'N~ •.wm'py'G::*iar s' YAM*~~Y'K35f1{+'n~RV. i'. ' MELISSA K. TONER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. KENNETH J. TONER, Defendant NO. 2001-4838 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 16, 2001. 2: Defendant acknowledged receipt and accepted service of the Complaint on August 16, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that 1 will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that 1 may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I I I Q~ ~ `~'rj O x,~ M lissa K. Toner I ,~, ~,~ c~ c r~ C .Tyi ~~~ iW- 7:n _ _ - - r ~ ' :~:: -t -G- t7a -~~ c~; CL' -r' ~£_ ~ '. ~ C y ...-. .<~;: 5' .,..nay 5-,:nn=aax'S~' ?P'. 'JpN 2 ~ 2DD2 ~6) MELISSA K. TONER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4838 CIVIL TERM KENNETH J. TONER, :CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this Zq day of January; 2002, upon review of the Motion for Continuance filed by Plaintiff's counsel, the Court orders and directs that the custody hearing set for Wednesday, January 30, 2002, at 8:45 a. m., in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, is continued generally and said matter may be re-listed for a hearing upon the application of either party ih the event that a custody schedule is not agreed to. BY THE ~obert L. O'Brien, Esquire Attorney for Plaintiff ~~ indsay Gingrich Maclay, Esquire "' Attorney for Defendant > ~ S ~~ o~ z9-~z .~ ,~, -~tJ „y~r ~ , bu L, _~... ~ - ,_~.: .. MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4338 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY MOTION FOR CONTINUANCE 1. Movant is Robert L. O'Brien, Esquire, attorney for the Plaintiff in the above-captioned custody matter. 2. Movant and his client are negotiating a custody agreement and have substantially concluded the negotiations, but the agreement has to be prepared and Signed by the parties. WHEREFORE, Movant requests that the custody hearing scheduled for 8:45 a. m. on Wednesday, January 30, 2002, be continued generally and rescheduled upon the application of either party in the event that an agreed to custody schedule is not signed. Respectfully submitted, O'BRIEN, BARK & SCHERER By: ~- ~/~"-~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/toner.mof ,. MELISSA K. TONER, Plaintiff v. KENNETH J. TONER, Defendant ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4338 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on January 28, 2002, I, Robert L. O'Brien, Esquire, did serve a copy of the Motion for Continuance by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Lindsay Gingrich Maclay, Esquire Hanft and Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 ~YJ /~'--~.- Robert L. O'Brien, Esquire F- -- _ R~; , , ,~ -~,r;= - ~' ~, ~,~~. ' <~ ~°, ~ -: ~ `' ~~ W ..~