HomeMy WebLinkAbout99-05057
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROBERT L. ADAMS
And
NORMA L. ADAMS,
Plaintiffs,
V.
DIANE ADAMS,
Defendant.
CIVIL ACTION - LAW
NO. JV- 5057 Civil Term
CUSTODY
PRAECIPE TO ENTER FOREIGN ORDER
To the Prothonotary: Curtis R. Long
Please enter the Order issued by the State of Michigan, 37'" Judicial Circuit Court
of Calhoun County establishing Grandparent visitation for the above captioned Plaintiffs.
BY: MARK, WEIGLE AND PERKINS
osep P. Ruane, Esquire
Att ey for Plaintiffs
East King Street
Shippensburg, PA 17257
717-532-7388
a k1 /jcl
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SNIPPENS6URG, PA 17257-1397
STATE OF- MICHIGAN ORDER FOR GRANDPARENT Vi'ITATION;
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066
Friend of the Court address
niAnA AdAmn
Plaintiff
c/o Beverly Graham
111 South Prince Street, Apt. AS
Shippensburg, PA 17257
Paternal Grandparents:
Robert and Norma Adams
8576 Sandy Crest Drive
White Lake, MI 48386
Date of Healing: June 15, 1999
CASE NO.
94 1207 DM'
7 n 7,,
o °9ggX 7
vs RArry adAma o
Defendant
622 West Green"Street' ?? ?ltn;t
Marshall, MI 49068
Probate Court Judge: Honorable Gary K. Reed (P27878)
(Sitting by Assignment)
Date of Entry:
Domestic Relations Referee: Sonya L. Leibowitz (P44444)
THE COURT FINDS:
Both parties, along with the paternal grandparents, were noticed to appear
pursuant to a Court-Ordered Referee Hearing Notice dated April 21, 1999.
The notice of hearing was issued in furtherance of the Contempt Order
Regarding Grandparent Visitation, et al, dated January 7, 1999. That order
scheduled two separate issues before the Domestic Relations Referee:
first, whether the Plaintiff is in compliance with the current orders of
this Court as it relates to grandparent visitation; and second, whether an
order should enter for permanent grandparent visitation and, if so, what
that grandparent visitation should be. The paternal grandparents did
appear for the Domestic Relations Referee hearing, and the Plaintiff and
Defendant failed to appear.
At the date and time of the Domestic Relations Referee hearing, the Referee
heard extensive testimony from the paternal grandparents and from the
Friend of the Court investigator, Carolyn Penning. Also, several exhibits
were admitted for the Court's review.
Upon the conclusion of the proofs, the Domestic Relations Referee made a
statement of findings on the record. First, with reference to the Plain-
tiff's compliance with the grandparenting visitation orders of the Court,
the Referee did determine that the Plaintiff's act of changing the domicile
of the minor children to the state of Pennsylvania, without benefit of this
Court's order, undoubtedly impeded the grandparents' ability to exercise
their grandparent visitation. However, the Plaintiff's move did not in and
of itself prevent the exercise of the grandparent visitation, and it would
not appear that the grandparents did attempt to exercise visitation in the
state of Pennsylvania. Further, the paternal' grandparents, constant and
almost obsessive insistence that the minor children be "reunited" with the
Defendant would reasonably lead the Plaintiff to believe that the paternal
grandparents may violate the orders of the Court and/or unduly pressure the
minor children. Therefore, as it relates to the issue of grandparent
visitation, the Plaintiff shall not be held in contempt of Court.
L(
STATE OF MICHIGAN ORDER FOR GRANDPARENT VISITATION; CASE NO.
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
niana Ldama vs Ha--?? Ldam4
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
On the issue of the entry of an order for permanent grandparent visitation,
the Domestic Relations Referee determined that grandparent visitation
between the paternal grandparents and the minor children would be in the
best interests of the minor children. Whereas extensive grandparent visi-
tation did occur in the past which certainly appears to have provided the
minor children with rewarding and enriching experiences. However, the
Order for Grandparent Visitation should not only prohibit any contact
between the Defen-dant and the minor children, in accordance with the
current orders of this Court, but also should prohibit the paternal
grandparents from having any communication, either written or oral, with
the minor children relating to the Defendant.
IT IS ORDERED:
1. That the paternal grandparents, Robert and Norma Adams, shall be
entitled to visitation with the minor children: Gwinna Adams, born
February 25, 1991, and Ariel Adams, born December 27, 1992, at all
times and places to which the Plaintiff, Diana Adams, and the paternal
grandparents are able to agree. In the event that the Plaintiff and
the paternal grandparents are unable to agree, the paternal grand-
parents shall minimally be entitled to the rights of visitation set
forth herein.
During all periods in which the Plaintiff is residing outside of the
state of Michigan, with the minor children, the paternal grandparents
shall be entitled to the following visitation:
a. During the summer of 1999, from 6:00 p.m. on July 31 until
6:00 p.m. on August 21;
b. Beginning with the summer of 2000 and for each and every summer
thereafter, from 6:00 p.m. on July 1 until 6:00 p.m. on August
C. Thanksgiving every odd-numbered year from 12:00 noon on the
Wednesday prior to Thanksgiving until 12:00 noon on the Sunday
following Thanksgiving;
d. The second half of the minor children's Christmas break every
year, which shall begin at 6:00 p.m. on the center day of the
Christmas break and extend until 6:00 p.m. on the day before the
minor children are scheduled to return to school; and
e. The minor children's spring break every even-numbered year from
6:00 p.m. on the first Saturday of the spring break until
6:00 p.m. on the following Saturday.
STATE OF MICHIGAN
37TH JUDICIAL CIRCUIT
CALHOUN COUNTY
ORDER FOR GRANDPARENT VISITATION;
AND ORDER GRANTING FURTHER RELIEF
CASE NO.
94 120'7 DM
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
niana Adams vs Barry Ariama
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
3. For the above-stated periods of grandparent visitation, the grand-
parents shall provide the transportation to pick up the minor children
and the Plaintiff shall provide the transportation to return the minor
children home.
4. In addition to the above-stated periods of visitation, the paternal
grandparents shall be entitled to four additional weekends of visita-
tion each and every year from 6:00 p.m. on Friday until 6:00 p.m. on
Sunday. The dates of the four additional weekends of visitation shall
be at the option of the paternal grandparents. However, the paternal
grandparents must provide the Plaintiff with at least 30 days written
notice of when they intend to exercise the weekend visitation and,
further, the paternal grandparents shall provide all transportation
for the said weekend visitations.
5. In the event that the residence of the minor children is returned to
the state of Michigan, then the grandparents' visitation shall remain
in effect as set forth above, with the following exceptions:
a. The additional four weekends of visitation shall be eliminated,
and the grandparents shall be entitled to visitation the first
full weekend of every month from 6:00 on Friday until 6:00 p.m.
on Sunday; and
b. The grandparents shall provide all transportation for the
purposes of visitation.
6. The Plaintiff shall provide the paternal grandparents with a copy of
the minor children's school calenlar each and every year and shall
keep the paternal grandparents notified, in writing, of the residen-
tial address of the minor children at all times.
7. During all periods of grandparent visitation, and until further order
of the Court:
a. The paternal grandparents shall affirmatively prohibit any
contact, whatsoever, between the Defendant and the minor
children; and
b. The paternal grandparents shall not have any communication,
whatsoever, with the minor children on the issue of the
Defendant.
8. The grandparents shall be entitled to have written contact with the
minor children as often as is reasonable; however, until further order
of the Court, the written communications shall not in any way address
the Defendant.
STATE OF- MICHIGAN ORDER FOR GRANDPARENT VISITATION; CASE NO.
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
niana Adamg vs Rarry Adams
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
As it relates to the compliance hearing scheduled on the issue of
grandparent visitation, the Plaintiff shall not be held in contempt of
Court.
IT IS FURTHER ORDERED that in all other respects, the provisions of the
previous orders of this Court which are not modified by this order shall
remain unchanoed and in full force and effect.
Dated: Q
(Sitting bj Assignment)
Prepared by: 0111 DCWW
Sonya L. Leibowitz (P44444)
Domestic Relations Referee
Office of the Friend of the Court
161 East Michigan Avenue l?
Battle Creek, MI 49014-4066 `rte
(616)969-6500 OFSU1p000 CM
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. ADAMS
and
NORMA L. ADAMS,
Petitioners,
V.
DIANA ADAMS,
Respondent.
CIVIL ACTION- LAW
No. 99-5057 Civil Term
CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
?1?I?? IJ?`I
COUNTY OF CUMBERLAND
Joseph P. Ruane, being duly sworn according to law, deposes and says that on June 30, 2000, he
served true and attested copies of Petition for Emergency Relief and Petition for Civil Contempt for
Disobedience of Partial CustodyNisitation Order upon the Defendant, Diana Adams, by mailing the
same postage paid, regular mail, at Shippensburg, Pennsylvania, addressed as follows:
Diana Adams
260 East Garfield Street
Shippensburg, PA 17257.
seph . Ruane, Esquire
Sworn to and subscribed before
me this 7" day of July, 2000.
Notary Public
Nola,ialsoel
Paulda LTGR1e, Notary Pudic
MPP&-ksmWrgBo o.Ctms adar Ourt
In Tttstinwny tbh, I- , s k1re via A my hand
And the seal (A rZid u at rl1s?, ?.
This-7- day ai
Aro! hnnntary
WEIGLE. PERKINS 6 ASSOCIATES - ATTORNEYS AT LAW - t26 EAST KING STREET - SHIPPENSBURG. PA 17257.1397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROBERT L. ADAMS
And
NORMA L. ADAMS,
Plaintiffs,
V.
DIANE ADAMS,
Defendant.
CIVIL ACTION - LAW
NO. 0- 6-0.S7 Civil Term
CUSTODY
PRAECIPE TO ENTER FOREIGN ORDER
To the Prothonotary: Curtis R. Long
Please enter the Order issued by the State of Michigan, 37 ° Judicial Circuit Court
of Calhoun County establishing Grandparent visitation for the above captioned Plaintiffs.
BY: MARK, WEIGLE AND PERKINS
41osep P. Ruane, Esquire
Att. ey for Plaintiffs
East King Street
Shippensburg, PA 17257
717-532-7388
43 (/`7(70,
TRUE C%nP'; FFIf)M RECOR?
and f n sv %,go , I htery errio tit my Nana
Thl : 4aat `a)d Cattt at CarRale, Pa.
i a3yJ
Prothonot rV
PLAINTIFF'S
+innm. wfir•le nr.n nenwipj - ITTOnncv+ XHIBIT vnccr ,umnCr?:OUnC nn 1120,7 i,p,
-7/ Ly
STATE OF MICHIGAN
37TH JUDICIAL CIRCUIT
,CALHOUN COUNTY
ORDER .FOR GRANDPARENT V16ITATION; CASE NO.
AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
161 East Michigan Avenue, B
Friend of the Court address
Diana Aria me
Plaintiff
c/o Beverly Graham
111 South Prince Street, Apt. AB
Shippensburg, PA 17257
Paternal Grandparents:
Robert and Norma Adams
8576 Sandy Crest Drive
White Lake, MI 48386
Date of Healing: June 15, 1999
X, M1 49014-4066 (615)969-6B.00
vs Barry Adams 013Q9fq,(,o7
37;h ^i"f 7 Defefidant
622 West Green St'reetuuhiQEF,%
Marshall, MI 49068
Probate Court Judge: Honorable Gary K. Reed (P27878)
(Sitting by Assignment)
Date of Entry:
Domestic Relations Referee: Sonya L. Leibowitz (P44444)
THE COURT FINDS:
Both parties, along with the paternal grandparents; were noticed to appear
pursuant to a Court-Ordered Referee Hearing Notice dated April 21, 1999.
The notice of hearing was issued in furtherance of the Contempt Order
Regarding Grandparent Visitation, et al, dated January 7, 1999. That order
scheduled two separate issues before the Domestic Relations Referee:
first, whether the Plaintiff is in compliance with the current orders of
this Court as it relates to grandparent visitation; and second, whether an
order should enter for permanent grandparent visitation and, if so, what
that grandparent visitation should be. The paternal grandparents did
appear for the Domestic Relations Referee hearing, and the Plaintiff and
Defendant failed to appear.
At the date and time of the Domestic Relations Referee hearing, the Referee
heard extensive testimony from the paternal grandparents and from the
Friend of the Court investigator, Carolyn Penning. Also, several exhibits
were admitted for the Court's review.
Upon the conclusion of the proofs, the Domestic Relations Referee made a
statement of findings on the record. First, with reference to the Plain-
tiff's compliance with the grandparenting visitation orders of the Court,
the Referee did determine that the Plaintiff's act of changing the domicile
of the minor children to the state of Pennsylvania, without benefit of this
Court's order, undoubtedly impeded the grandparents' ability to exercise
their grandparent visitation. However, the Plaintiff's move did not in and
of itself prevent the exercise of the grandparent visitation, and it would
not appear that the grandparents did attempt to exercise visitation in the
state of Pennsylvania. Further, the paternal' grandparents' constant and
almost obsessive insistence that the minor children be "reunited" with the
Defendant would reasonably lead the Plaintiff to believe that the paternal
grandparents may violate the orders of the Court and/or unduly pressure the
minor children. Therefore, as it relates to the issue of grandparent
visitation, the Plaintiff shall not be held in contempt of Court.
STATE OF MICHIGAN - ORDER 'FOR GRANDPARENT VISITATION; CASs: NO.
37TH 'JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
.CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
niana Ad'amg vs Aarry Adams
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
on the issue of the entry of an order for permanent grandparent visitation,
the Domestic Relations Referee determined that grandparent visitation
between the paternal grandparents and the minor children would be in the
best interests of the minor children. Whereas extensive grandparent visi-
tation did occur in the past which certainly appears to have provided the
minor child47en with rewarding and enriching experiences. However, the
Order for Grandparent Visitation should not only prohibit any contact
between the Defen-dant and the minor children, in accordance with the
current orders of this Court, but also should prohibit the paternal
grandparents from having any communication, either written or oral, with
the minor children relating to the Defendant.
IT IS ORDERED:
1. That the paternal grandparents, Robert and Norma Adams, shall be
entitled to visitation with the minor children: Gwinna Adams, born
February 25, 1991, and Ariel Adams, born December 27, 1992, at all
times and places to which the Plaintiff, Diana Adams, and the paternal
grandparents are able to agree. In the event that the Plaintiff and
the paternal grandparents are unable to agree, the paternal grand-
parents shall minimally be entitled to the rights of visitation set
forth herein.
2. During all periods in which the Plaintiff is residing outside of the .
state of Michigan, with the minor children, the paternal grandparents
shall be entitled to the following visitation:
a. During the summer of 1999, from 6:00 p.m. on July 31 until
6:00 p.m. on August 21;
b. Beginning with the summer of 2000 and for each and every summer
thereafter, from 6:00 p.m. on July 1 until 6:00 p.m. on August 7
C. Thanksgiving every odd-numbered year from 12:00 noon on the
Wednesday prior to Thanksgiving until 12:00 noon on the Sunday
following Thanksgiving;
d. The second half of the minor children's Christmas break every
year, which shall begin at 6:00 p.m. on the center day of the
Christmas break and extend until 6:00 p.m. on the day before the
minor children are scheduled to return to school;' and
e. The minor children's spring break every even-numbered year from
6:00 p.m. on the first Saturday of the spring break until
6:00 p.m. on the fallowing Saturday.
,.STATE OF MICHIGAN ORDER-FOR GRANDPARENT VISITATION; CASE No'.
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49017-4066 (616)969-6500
Friend of the Court address
vs
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
3. For the above-stated periods of grandparent visitation, the grand-
parents shall provide the transportation to pick up the minor children
and the Plaintiff shall provide the transportation to return the minor
children home.
4. In addition to the above-stated periods of visitation, the paternal
grandparents shall be entitled to four additional weekends of visita-
tion each and every year from 6:00 p.m. on Friday until 6:00 p.m. on
Sunday. The dates of the four additional weekends of visitation shall
be at the option of the paternal grandparents. However, the paternal
grandparents must provide the Plaintiff with at least 30 days written
notice of when they intend to exercise the weekend visitation and,
further, the paternal grandparents shall provide all transportation
for the said weekend visitations.
5. In the event that the residence of the minor-children is returned to
the state of Michigan, then the grandparents' visitation shall remain
in effect as set forth above, with the following exceptions:
a. The additional four weekends of visitation shall be eliminated,
and the grandparents shall be entitled to visitation the first
full weekend of every month from 6:00 on Friday until 6:00 p.m.
on Sunday; and
b. The grandparents shall provide all transportation for the
purposes of visitation.
6. The Plaintiff shall provide the paternal grandparents with a copy of
the minor children's school calendar each and every year and shall
keep the paternal grandparents notified, in writing, of the residen-
tial address of the minor children at all times.
7. During all periods of grandparent visitation, and until further order
of the Court:
a. The paternal grandparents shall affirmatively prohibit any
contact, whatsoever, between the Defendant and the minor
children; and
b. The paternal grandparents shall not have any communication,
whatsoever, with the minor children on the issue of the
Defendant.
8. The grandparents shall be entitled to have written contact with the
minor children as often as is reasonable; however, until further order
of the Court, the written communications shall not in any way address
the Defendant.
STATE OF MICHIGAN ORDER. FOR GRANDPARENT VISITATION; CASE NO.
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
ni_ana- Adams
Plaintiff
Paternal Grandparents:
Robert and Norma Adams
vs Barry Adams
Defendant
As it relates to the compliance hearing scheduled on. the issue of
grandparent visitation, the Plaintiff shall not be held in contempt of
Court.
IT IS FURTHER ORDERED that in all other respects, the provisions of the
previous orders of this Court which are not modified by this order shall
remain unchanaed and in full force and effect.
Q/Q?f
Dated:
Prepared by:
Sonya L. Leibowitz (P44444)
Domestic Relations Referee
Office of the Friend of the
161 East Michigan Avenue
Battle Creek, MI 49014-4066
(616)969-6500
PROBATE COU ZUD
(Sitting b Assignment)
ComnED WYOf
WGINALON ME
Court ,? 1,_
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DE1 OCOURTCtFR!(
T J-E COPY € ROM RECORD
In T6siirtciny whareof, 1 t;erz unto sat im, Kano
and the saa1 of saFd Cou:i Lit Car!)Sla, Pa.
This /9^ da; of 19 y?
? Prothonotary
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. ADAMS CIVIL ACTION - LAW
and
NORMA L. ADAMS,
Petitioners, No. 99-5057 Civil Term
V.
DIANA ADAMS,
Respondent. CUSTODY
PRAECIPE TO ENTER FOREIGN ORDER
To the Prothonotary: Curtis R. Long
Please enter the Contempt Order Regarding Grandparent Visitation; Order for
Make-up Grandparent Visitation; Order of Compliance Hearing; and Order Granting
Further Relief issued by the 371h Judicial Circuit Court of Calhoun County in the State of
Michigan on December 6, 1999.
By: ! -
Jo !ph P. Ruane, Esquire
eigle, Perkins & Associates
126 East King Street
Shippensburg, PA 17257
Attorney ID #71577
(717)532-7388
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TRUE COPY FROM RECORD a 1
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PLAINTIFF'S
EXHIBIT
WEIGLE. PERKINS 6 ASSOCIATES - ATTORNEY G STREET - SNIPPENSBURG. PA 17257.1397
„STATE OF MICHIGAN CONTEMPT ORDER REGARDiAG CASE NO.
37TH JUDICIAL CIRCUIT GRANDPARENT VISITATION; ORDE T 4__L2n7-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION TEL FL-4 ILl
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF DEC 0 719994ru-t 'l
ibi East Michigan Avenue, 8
Friend of the Court address
, MI 4
CIRCUIT
niana Adams
Plaintiff
260 East Garfield St
Shippensburg PA 17257
vs
Defendant
622 West Green St
Marshall MI 49068
Norma and Robert Adams
Third Party Intervenors/
Paternal Grandparents
8576 Sandycrest Drive
White Lake MI 48386
Date of Hearing: October 15, 1999
Probate Court Judge: Honorable Gary K. Reed (P27878)
(Sitting by Assignment)
Date of Entry:
Domestic Relations Referee. Sonya L. Leibowitz (P44444)
THE COURT FINDS:
The Domestic Relations Referee made a statement of findings on the record
wherein it appears to the Court that the Plaintiff, Diana Adams, was
required to appear pursuant to a Petition and Order to Show Cause for
Contempt RE: Grandparent Visitation, dated September 2, 1999, and failed to
appear for the hearing.
The evidence presented before the Domestic Relations Referee established
that the paternal grandparents, Norma and Robert Adams, were denied three
(3) weeks of scheduled visitation during the minor children's summer
vacation period. Further, based upon the testimony presented, the Domestic
Relations Referee determined that the denials of visitation were wrongful
and, therefore, the Plaintiff, Diana Adams, should be found in contempt of
Court. The Domestic Relations Referee also determined that make-up
visitation would be in the best interests of the minor children and that an
order should enter awarding the paternal grandparents two (2) weeks of
make-up visitation. Further, the Domestic Relations Referee determined
that any make-up visitation beyond two (2) weeks would not be in the best
interests of the minor children as said would unreasonably interfere with
the Plaintiff's custodial time.
IT IS ORDERED:
That the Plaintiff, Diana Adams, shall be held in contempt of Court.
The following sanctions for the Plaintiff's contemptuous acts shall be
reserved pending a compliance hearing in this matter:
a) That the Plaintiff, Diana Adams, shall be committed for a period
of up to 30 days to the Calhoun County Jail.
STATE OF MICHIGAN CONTEMPT ORDER REGARDING CASE NO.
37TH JUDICIAL CIRCUIT GRANDPARENT VISITATION; ORDER FOR 94-1207-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION; ORDER
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
Diana AHamc vs Aarry Adams
Plaintiff Defendant
260 East Garfield St 622 West Green St
Shippensburg PA 17257 Marshall MI 49068
b) That the Plaintiff, Diana Adams, shall be assessed $150.00 in
Court costs, $100.00 in costs payable directly to the paternal
grandparents as a result of the costs incurred in bringing the
instant contempt proceeding, and any additional and reasonable
attorney fees incurred by the paternal grandparents as a result
of the contempt proceedings held in this matter.
3. That immediately upon entry of this order, the Plaintiff shall comply
with all terms of the order entered on July 19, 1999, awarding 'the
paternal grandparents visitation. Further, within fourteen (14) days
of the entry of this order, the Plaintiff shall provide the paternal
grandparents, in writing, with her home telephone number in order to
allow the paternal grandparents to contact the Plaintiff so as to
arrange for visitation and, further, the Plaintiff shall provide the
paternal grandparents, also within fourteen (14) days of the entry of
this order, a copy of the minor children's school calendar.
4. The paternal grandparents shall be entitled to the following periods
of make-up visitation:
a) One (1) additional week during the minor children's Christmas
break period to begin on the second day of the minor children's
Christmas break period at 6:00 p.m. and continue through the
paternal grandparent's scheduled Christmas break vacation;
b) One (1) additional week during the minor children's summer
vacation period of the year 2000 to be exercised from June 24 of
2000, and to continue through the paternal grandparent's
scheduled summer visitation.
That a compliance hearing is scheduled in this matter as follows:
Date: February 1, 2000
Time: 1:00 P.M.
Judge: Honorable Gary Reed, Probate Court Judge
(Sitting by Assignment)
Court Room No. 249
Calhoun County Justice Center
161 East Michigan Avenue
Battle Creek, Michigan
STATE OF MICHIGAN CONTEMPT ORDER REGARD,NG CASE NO.
'37TH JUDICIAL CIRCUIT GRANDPARENT. VISITATION; ORDER FOR 94-1207-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION; ORDER
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
Diana Ariamc vs Barry Ariamc
Plaintiff Defendant
260 Easy. Garfield St 622 West Green St
Shippensburg PA 17257 Marshall MI 49068
In the event that the Plaintiff, Diana Adams, complied with all orders
of grandparent visitation, then said parties are excused from
attending the compliance hearing and said hearing shall be dismissed
without further notice. In the event that the Plaintiff failed to
comply and denied the paternal grandparents their court-ordered
visitation, then both the Plaintiff and paternal grandparents shall be
required to appear. In the event that the Plaintiff is required to
appear and fails to appear, a Bench Warrant may issue for her arrest
requiring the posting of a $500.00 cash appearance bond upon execution
of said Bench Warrant.
IT IS FURTHER ORDERED that in all other respects, the provisions of the
previous orders of this Court which are not modified by this order shall
remain unchanged and in full force and effect.
Dated: LZIO Y? &VX
PROBATE CO JUDGE (P27878)
(Sitting b,, Assignmen )
cc: Norma and Robert Adams, 8576 Sandycrest Drive, White Lake MI 48386
Prepared by:
Sonya L. Leibowitz (P44444)
Domestic Relations Referee
Office of the Friend of the Court
161 East Michigan Avenue
Battle Creek, MI 49014-4066 ?t
(616)969-6500
1 CERIVI TW O1 TNIt EWMACOP $F IN
DOW WTOTHEWPiOPRtA1EFARMAOIIOIW
L1AIL ORESiE11111= LAST WN AM=
Q.L.L.
Mr. and Mrs. Robert Adams
8576 Sandycrest Drive
White Lake, MI 48386
Attention:
RE:
DATE DESCRIPTION
July 7, 2000
File #: AdamsRobert
Inv #: 1234
TASK HOURS AMOUNT LWYR
Jun-19-00 Telephone conversation with client; BW 0.50 50.00 JPR
reviewed file
Jun-20-00 Telephone conversation with client and BW 0.50 50.00 JPR
preparation of correspondence
Jun-22-00 Telephone conversation with client BW 0.25 25.00 JPR
Telephone conversation with client BW 0.25 25.00 JPR
Jun-23-00 Discussions with police concerning BW 0.50 50.00 JPR
enforcement of custody order -
telephone conversation with Det.
VanScyoc
Telephone conversation with clients BW 0.25 25.00 JPR
Reviewed civil contempt procedures BW 0.25 25.00 JPR
Jun-26-00 Office conference BW 0.75 75.00 JPR
Jun-27-00 Office conference with clients; drafted BW 2.75 275.00 JPR
Petition for Contempt
Totals 6.00 $600.00
FEE SUMMARY:
Lawyer Hours Effective Rate Amount
Joseph P. Ruane 6.00 $100.00 $600.00
PLAINTIFF'S
EXHIBIT
.+
Mr. and Mrs. Robert Adams
8576 Sandycrest Drive
White Lake, MI 48386
DATE
Jun-30-00
Jul-05-00
Jul-05-00
Jul-05-00
Jul-06-00
DESCRIPTION
Telephone conversation with client; office
conference; andled filing and service of Court
Order
Telephone conversation with Attorney
Murphy and with client
Telephone conversation with client
Telephone conversation with clients and
Ms. Diana Adams
Drafted Stipulation & Agreement;
negotiations to settle custody dispute
Totals
FEE SUMMARY:
Lawyer
Joseph P. Ruane
TASK
BW
BW
BW
BW
BW
HOURS
1.25
0.75
0.25
0.50
2.75
5.50
Hours Effective Rate Amount
5.50 $100.00 $550.00
July 7, 2000
File #: AdamsRobt
Inv #: 1235
%MOUNT LWYR
125.00 JPR
75.00
25.00
50.00
275.00
$550.00
JPR
JPR
JPR
JPR
?I71 ?s WY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
ROBERT L. ADAMS
And
NORMA L. ADAMS,
Plaintiffs,
CIVIL ACTION - LAW
V.
DIANA ADAMS,
Defendants.
NO. 99 - 5057
CUSTODY
PRAECIPE TO AMEND CAPTION
To the Prothonotary: Curtis R. Long
Civil Term
Please amend the caption to state the Defendant's name as Diana Adams, which
was mistyped as Diane Adams on the Praecipe to Enter Foreign Order filed to the docket
on August 19, 1999.
BY: MARK, WEIGLE AND PERKINS
(J t?
Ruane, Esquire
for Plaintiffs
King Street
burg, PA 17257
Dated: 8131 AI
71
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSDVRG, PA 17257.1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. ADAMS CIVIL ACTION - LAW
and
NORMA L. ADAMS,
Petitioners, No. 99-5057 Civil Term
V.
DIANA ADAMS,
Respondent. CUSTODY
PRAECIPE TO ENTER FOREIGN ORDER
To the Prothonotary: Curtis R. Long
Please enter the Contempt Order Regarding Grandparent Visitation; Order for
Make-up Grandparent Visitation; Order of Compliance Hearing; and Order Granting
Further Relief issued by the 37s' Judicial Circuit Court of Calhoun County in the State of
Michigan on December 6, 1999.
By:?(, l
Jo eph P. Ruane, Esquire
(_,.,Weigle, Perkins & Associates
126 East King Street
Shippensburg, PA 17257
Attorney ID #71577
(717)532-7388
WEIGLE, PERKINS 6 ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17287.1397
STe4TE OF MICHIGAN CONTEMPT ORDER REGARD?AG CASE NO.
°' 37TH' JUDICIAL CIRCUIT GRANDPARENT VISITATION; ORDE 07-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION O E
FOR COMPLIANCE HEARING; AND ORDE
GRANTING FURTHER RELIEF DEC 0 71999jy-obl
161 East Michigan Avenue, Battle Creek, MI 49014-4066 ``616)969-6500
Friend of the Court address 37th CIRCUIT 8URTCLERK
Mana A,iamc vs RarryAdama
Plaintiff Defendant
260 East Garfield St 622 West Green St
Shippensburg PA 17257 Marshall MI 49068
Norma and Robert Adams
Third Party Intervenors/
Paternal Grandparents
8576 Sandycrest Drive
White Lake MI 48386
Date of Hearing: October 15, 1999
Probate Court Judge: Honorable Gary K. Reed (P27878)
(Sitting by Assignment)
Date of Entry:
Domestic Relations Referee: Sonya L. Leibowitz (P44444)
THE COURT FINDS:
The Domestic Relations Referee made a statement of findings on the record
wherein it appears to the Court that the Plaintiff, Diana Adams, was
required to appear pursuant to a Petition and Order to Show Cause for
Contempt RE: Grandparent Visitation, dated September 2, 1999, and failed to
appear for the hearing.
The evidence presented before the Domestic Relations Referee established
that the paternal grandparents, Norma and Robert Adams, were denied three
(3) weeks of scheduled visitation during the minor children's summer
vacation period. Further, based upon the testimony presented, the Domestic
Relations Referee determined that the denials of visitation were wrongful
and, therefore, the Plaintiff, Diana Adams, should be found in contempt of
Court. The Domestic Relations Referee also determined that make-up
visitation would be in the best interests of the minor children and that an
order should enter awarding the paternal grandparents two (2) weeks of
make-up visitation. Further, the Domestic Relations Referee determined
that any make-up visitation beyond two (2) weeks would not be in the best
interests of the minor children as said would unreasonably interfere with
the Plaintiff's custodial time.
IT IS ORDERED:
1. That the Plaintiff, Diana Adams, shall be held in contempt of Court.
2. The following sanctions for the Plaintiff's contemptuous acts shall be
reserved pending a compliance hearing in this matter:
a) That the Plaintiff, Diana Adams, shall be committed for a period
of up to 30 days to the Calhoun County Jail.
STATE OF MICHIGAN CONTEMPT ORDER REGARDING CASE NO.
37TH JUDICIAL CIRCUIT GRANDPARENT VISITATION; ORDER FOR 94-1207-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION; ORDER
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
?iana Arlama vs RArry Arlams
Plaintiff Defendant
260 East Garfield St 622 West Green St
Shippensburg PA 17257 Marshall MI 49068
b) That the Plaintiff, Diana Adams, shall be assessed $150.00 in
Court costs, $100.00 in costs payable directly to the paternal
grandparents as a result of the costs incurred in bringing the
instant contempt proceeding, and any additional and reasonable
attorney fees incurred by the paternal grandparents as a result
of the contempt proceedings held in this matter.
3. That immediately upon entry of this order, the Plaintiff shall comply
with all terms of the order entered on July 19, 1999, awarding the
paternal grandparents visitation. Further, within fourteen (14) days
of the entry of this order, the Plaintiff shall provide the paternal
grandparents, in writing, with her home telephone number in order to
allow the paternal grandparents to contact the Plaintiff so as to
arrange for visitation and, further, the Plaintiff shall provide the
paternal grandparents, also within fourteen (14) days of the entry of
this order, a copy of the minor children's school calendar.
4. The paternal grandparents shall be entitled to the following periods
of make-up visitation:
a) One (1) additional week during the minor children's Christmas
break period to begin on the second day of the minor children's
Christmas break period at 6:00 p.m. and continue through the
paternal grandparent's scheduled Christmas break vacation;
b) One (1) additional week during the minor children's summer
vacation period of the year 2000 to be exercised from June 24 of
2000, and to continue through the paternal grandparent's
scheduled summer visitation.
5. That a compliance hearing is scheduled in this matter as follows:
Date: February 1, 2000
Time: 1:00 P.M.
Judge: Honorable Gary Reed, Probate Court Judge
(Sitting by Assignment)
Court Room No. 249
Calhoun County Justice Center
161 East Michigan Avenue
Battle Creek, Michigan
STATE OF MICHIGAN CONTEMPT ORDER REGARD,NG CASE NO.
371PH JUDICIAL CIRCUIT GRANDPARENT VISITATION; ORDER FOR 94-1207-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION; ORDER
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
Diana Ariama
VS Ra rry Ariamc
Plaintiff Defendant
260 East Garfield St 622 West Green St
Shippensburg PA 17257 Marshall MI 49068
In the event that the Plaintiff, Diana Adams, complied with all orders
of grandparent visitation, then said parties are excused from
attending the compliance hearing and said hearing shall be dismissed
without further notice. In the event that the Plaintiff failed to
comply and denied the paternal grandparents their court-ordered
visitation, then both the Plaintiff and paternal grandparents shall be
required to appear. In the event that the Plaintiff is required to
appear and fails to appear, a Bench Warrant may issue for her arrest
requiring the posting of a $500.00 cash appearance bond upon execution
of said Bench Warrant.
IT IS FURTHER ORDERED that in all other respects, the provisions of the
previous orders of this Court which are not modified by this order shall
remain unchanged and in full force and effect. _
Dated: _?W(p/?
PROBATE C04EtT JUDGE \(P27878)
(Sitting b Assignmen )
cc: Norma and Robert Adams, 8576 Sandycrest Drive, White Lake MI 48386
Prepared by:
Sonya L. Leibowitz (P44444)
Domestic Relations Referee
Office of the Friend of the Court
161 East Michigan Avenue
Battle Creek, MI 49014-4066
(616)969-6500
IMiff FTW02NIMS EWIA COIININ
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. ADAMS CIVIL ACTION - LAW
and
NORMA L. ADAMS,
Petitioners, No. 99-5057 Civil Term
V.
DIANA ADAMS,
Respondent. CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Joseph P. Ruane, being duly sworn according to law, deposes and says that on June 30, 2000, he
served true and attested copies of Petition for Emergency Relief and Petition for Civil Contempt for
Disobedience of Partial Custody/Visitation Order upon the Defendant, Diana Adams, by mailing the
same postage paid, regular mail, at Shippensburg, Pennsylvania, addressed as follows:
Diana Adams
260 East Garfield Street
Shippensburg, PA 17257.
seph . Ruane, Esquire
Sworn to and subscribed before
me this ?" day of July, 2000.
Notary Public
NoterIWSed
PoUk1a LTome, Notary Pubk
3 Boro,CunbederMC U-My
xOres Jura 7.2004
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WEIGLE. PERKINS 5 ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG. PA 17257-1397
`,
ROBERT L. ADAMS and IN THE COURT OF COMMON PLEAS OF
NORMA L. ADAMS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION - LAW
DIANA ADAMS,
Defendant No. 99-5057 CIVIL TERM
ORDER OF COURT
AND NOW, this 7th day of July, 2000, upon
consideration of Plaintiffs' Petition for Emergency Relief
and Petition for Civil Contempt for Disobedience of Partial
Custody/Visitation Order with respect to the grandchildren
of Plaintiffs and children of Defendant, Gwinna Adams (date
of birth, February 25, 1991) and Ariel Adams (date of
birth, December 27, 1992), and following a hearing held on
July 7, 2000, and it appearing that both par'cies have
violated the order of the Michigan court in this matter, it
is ordered and directed as follows:
1. Plaintiffs' petition for contempt is
denied.
2. Defendant is directed to immediately
transfer custody of the children to
Plaintiffs for a period of six weeks,
conditioned upon Plaintiffs' strict
compliance with the order of the
Michigan court.
This Court will entertain a petition for
l ? 1 ''??
L.yl'I L ?
rescission of this order and a finding of contempt on the
part of Plaintiffs in the event, inter alia, that any
contact, including telephone contact, occurs between the
children and the natural father during Plaintiffs, period
of partial custody or in the event that the children and
the natural father are at the same social gathering, even
without contact.
By the Court,
Joseph P. Ruane, Esquire
126 East King Street
Shippensburg, PA 17257
For the Plaintiffs
Diana Adams, Pro Se
260 East Garfield Street
Shippensburg, PA 17257
Defendant
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ROBERT L. ADAMS and : IN THE COURT OF COMMON PLEAS OF
NORMA L. ADAMS, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION - LAW
DIANA ADAMS,
Defendant NO. 99-5057 CIVIL TERM
AND NOW, this 30'h day of June, 2000, upon consideration of Plaintiffs' Petition
for Emergency Relief and Petition for Civil contempt for Disobedience of Partial
Custody/Visitation Order, a hearing is scheduled for Friday, the 7th day of July, 2000, at
11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Joseph P. Ruane, Esq.
126 East King Street
Shippensburg, PA 17257
Attorney for Plaintiffs
,/? (-? nle.
esley O1 ., .
Ms. Diana Adams
260 East Garfield Street
Shippensburg, PA 17257
Defendant, Pro Se
COP Q r,10 (,-
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RMS
CD R.!il10 I'ii 1:1,3
PE,VIiSYL 1l uV?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. ADAMS CIVIL ACTION- LAW
and
NORMA L. ADAMS,
Petitioners, No. 99-5057 Civil Term
V.
DIANA ADAMS,
Respondent. CUSTODY
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you have willfully disobeyed an order
of court for partial custody/visitation.
If you wish to defend against the claim set forth in the following pages, you may 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 with the minor children in court on , at _.M., in
Courtroom , Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR
ARREST.
If the court finds that you have willfully failed to comply with its order for partial
custody/visitation, 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
(717)249-3166
BY THE COURT:
Date:
J.
WEIGLE, PERKINS 6 ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257.1397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. ADAMS CIVIL ACTION - LAW
and
NORMA L. ADAMS,
Petitioners, No. 99-5057 Civil Term
V.
DIANA ADAMS,
Respondent. CUSTODY
PETITION FOR EMERGENCY RELIEF AND
PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF
PARTIAL CUSTODYNISITATION ORDER
AND NOW, comes Robert L. Adams and Norma L. Adams of 8576 Sandy Crest Drive, White
Lake, Michigan 48386, the Petitioners, by and through their attorneys, Weigle, Perkins & Associates,
and Joseph P. Ruane, Esquire, and respectfully represent the following:
1. On July 19, 1999, Judge Gary K. Reed of the 37°i Judicial Circuit Court of Calhoun County in
the State of Michigan entered an Order for Grandparent Visitation awarding the Petitioners, paternal
grandparents and third party intervenors in the Michigan action, partial custody/visitation of the minor
children, Gwinna Adams, born February 25, 1991, and Ariel Adams, born December 27, 1992. A
true and correct copy of said Order is attached hereto and marked "Exhibit L" Said Order of Court
was entered on the record in the Court of Common Pleas of Cumberland County, Pennsylvania, on
August 19, 1999.
2. On December 6, 1999. Judge Reed entered an Order of Court finding Diana Adams of 260 East
Garfield Street, Shippensburg, Cumberland County, Pennsylvania, mother of said minor children, in
contempt of court for denying the Petitioners three (3) weeks of scheduled partial custody/visitation in
the summer of 1999 as set forth in the July 19, 1999 Order of Court. A true and correct copy of the
Order, dated December 6, 1999, is attached hereto and marked "Exhibit 2." Said Order of Court, dated
December 6, 1999, was entered on the record in the Court of Common Pleas of Cumberland County,
Pennsylvania, on June 28, 2000.
II 3. The two (2) aforementioned Orders of Court, read together, granted the Petitioners partial
custody/visitation in the summer of 2000 from June 24, 2000 until 6:00 P.M. on August 7, 2000.
4. After unsuccessfully attempting to arrange a time to exchange the children on Saturday, June 24,
2000, and after being told by the Respondent that she would not abide by said Orders of Court, the
Petitioners traveled to Pennsylvania from their home in Michigan to exercise their partial
custody/visitation rights under said Orders of Court.
WEIGLE. PERKINS G ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSGURG. PA 17257.1397
5. On June 24, 2000, the Petitioners attempted to pick up the children in Shippensburg,
Pennsylvania, but the Respondent failed to turn the children over to the Petitioners.
6. The Respondent has willfully failed to abide by the Orders of Court and continues to deny the
Petitioners any contact with the children, thereby, preventing them from exercising their partial
custody/visitation rights under said Orders of Court.
7. The Petitioners have traveled to Pennsylvania from Michigan and are incurring expenses for
meals and lodging because of Respondent's failure to deliver the children to the Petitioners.
8. The Petitioners respectfully request that the Court expeditiously schedule a hearing to enforce
the aforesaid Orders of Court because the Petitioners continue to incur expenses to remain in
Pennsylvania, and because the Respondent has been found to be in contempt of Court on previous
occasions.
9. The Petitioners have attempted to resolve this dispute to avoid the involvement of the Court, but
they have been unsuccessful.
WHEREFORE, it is requested that this Honorable Court enter an Order setting forth the following:
1. Find the Respondent in contempt of Court;
2. Direct the Respondent to deliver the minor children to the Petitioners;
3. Order make-up partial custody/visitation for periods of time the Petitioners have not been able to
exercise their custody rights;
4. Assess Court costs, costs payable to the Petitioners as a result of the expense to remain in
Pennsylvania to bring this contempt proceeding and reasonable attorney fees; and
5. Any further relief the Court deems appropriate.
Dated:
Respectfully submitted,
J?
J seph . Ruane, Esquire
ei Perkins & Associates
I Y6 East King Street
Shippensburg, PA 17257
Attorney ID #71577
(717)532-7388
WEIGLE. PERKINS G ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
VERIFICATION
I verify that the statements made in the foregoing Petition for Emergency Relief and Petition for
Civil Contempt 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.
Dated: 6 ?? O 0
Dated:
Robert L. Adams
r L. Ada
WEIGLE, PERKINS 6 ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG. PA 17257-1397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROBERT L. ADAMS
And
NORMA L. ADAMS,
Plaintiffs,
V.
DIANE ADAMS,
Defendant.
CIVIL ACTION - LAW
NO.99 So?57 Civil Term
CUSTODY
PRAECIPE TO ENTER FOREIGN ORDER
To the Prothonotary: Curtis R. Long
Please enter the Order issued by the State of Michigan, 378'Judicial Circuit Court
of Calhoun County establishing Grandparent visitation for the above captioned Plaintiffs.
BY: MARK, WEIGLE AND PERKINS
osep P. Ruane, Esquire
Att ey for Plaintiffs
East King Street
Shippensburg, PA 17257
717-532-7388
Dated:
TRUE (Opy FRCM RECORD
m Tatitirtxtny , -, W, I hers rt>to set my hand
and Ift seal of said Court
ihl ?'? ' Cad,* .
. .
prothonot?ry r
NAnX. LVr..1rLC ANn PCnI INS - ATTOnNCYYS AT LAW - 126 CAST HINC iTRCCT - $IIIPVCN5UU1IO. PA I12v71)V)
C
LMIn„ I
i
-,STATE OF MICHIGAN ORDER -FOR GRANDPARENT VISITATION;
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF
CALHOUN COUNTY
161 East Michigan Avenue, B
Friend of the Court address
niana Ad amt
Plaintiff
c/o Beverly Graham
111 South Prince Street, Apt. A8
Shippensburg, PA 17257
Paternal Grandparents:
Robert and Norma Adams
8576 Sandy Crest Drive
White Lake, MI 48386
CASE NO.
94 1207 DM
P 0 i°s9 - L 0?
vs sarry Adams _ ?? ??
r:C Defedant
622 West Green'hStire?etkjL;hi'ltn;(
Marshall, MI 49068
Date of Healing: June 15, 1999
Probate Court Judge: Honorable Gary K. Reed (P27878)
(Sitting by Assignment)
Date of Entry:
Domestic Relations Referee: Sonya L. Leibowitz (P44444)
THE COURT FINDS:
Both parties, along with the paternal grandparents, were noticed to appear
pursuant to a Court-Ordered Referee Hearing Notice dated April 21, 1999.
The notice of hearing was issued in furtherance of the Contempt Order
Regarding Grandparent Visitation, et al, dated January 7, 1999. That order
scheduled two separate issues before the Domestic Relations Referee:
first, whether the Plaintiff is in compliance with the current orders of
this Court as it relates to grandparent visitation; and second, whether an
order should enter for permanent grandparent visitation and, if so, what
that grandparent visitation should be. The paternal grandparents did
appear for the Domestic Relations Referee hearing, and the Plaintiff and
Defendant failed to appear.
At the date and time of the Domestic Relations Referee hearing, the Referee
heard extensive testimony from the paternal grandparents and from the
Friend of the Court investigator, Carolyn Penning. Also, several exhibits
were admitted for the Court's review.
Upon the conclusion of the proofs, the Domestic Relations Referee made a
statement of findings on the record. First, with reference to the Plain-
tiff's compliance with the grandparenting visitation orders of the Court,
the Referee did determine that the Plaintiff's act of changing the domicile
of the minor children to the state of Pennsylvania, without benefit of this
Court's order, undoubtedly impeded the grandparents' ability to exercise
their grandparent visitation. However, the Plaintiff's move did not in and
of itself prevent the exercise of the grandparent visitation, and it would
not appear that the grandparents did attempt to exercise visitation in the
state of Pennsylvania. Further, the paternal* grandparents' constant and
almost obsessive insistence that the minor children be "reunited" with the
Defendant would reasonably lead the Plaintiff to believe that the paternal
grandparents may violate the orders of the Court and/or unduly pressure the
minor children. Therefore, as it relates to the issue of grandparent
visitation, the Plaintiff shall not be held in contempt of Court.
r>
STATE OF MICHIGAN ORDER FOR GRANDPARENT VISITATION; CASE NO.
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
nfana Adams vs Barry nfiamc
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
On the issue of the entry of an order for permanent grandparent visitation,
the Domestic Relations Referee determined that grandparent visitation
between the paternal grandparents and the minor children would be in the
best interests of the minor children. Whereas extensive grandparent visi-
tation did occur in the past which certainly appears to have provided the
minor childFen with rewarding and enriching experiences. However, the
Order for Grandparent Visitation should not only prohibit any contact
between the Defen-dant and the minor children, in accordance with the
current orders of this Court, but also should prohibit the paternal
grandparents from having any communication, either written or oral, with
the minor children relating to the Defendant.
IT IS ORDERED:
That the paternal grandparents, Robert and Norma Adams, shall be
entitled to visitation with the minor children: Gwinna Adams, born
February 25, 1991, and Ariel Adams, born December 27, 1992, at all
times and places to which the Plaintiff, Diana Adams, and the paternal
grandparents are able to agree. In the event that the Plaintiff and
the paternal grandparents are unable to agree, the paternal grand-
parents shall minimally be entitled to the rights of visitation set
forth herein.
2. During all periods in which the Plaintiff is residing outside of the
state of Michigan, with the minor children, the paternal grandparents
shall be entitled to the following visitation:
a. During the summer of 1999, from 6:00 p.m. on July 31 until
6:00 p.m. on August 21;
b. Beginning with the summer of 2000 and for each and every suramer
thereafter, from 6:00 p.m. on July 1 until 6:00 p.m. on August 7
C. Thanksgiving every odd-numbered year from 12:00 noon on the
Wednesday prior to Thanksgiving until 12:00 noon on the Sunday
following Thanksgiving;
d. The second half of the minor children's Christmas break every
year, which shall begin at 6:00 p.m. on the center day of the
Christmas break and extend until 6:00 p.m. on the day before the
minor children are scheduled to return to school; and
e. The minor children's spring break every even-numbered year from
6:00 p.m. on the first Saturday of the spring break until
6:00 p.m. on the following Saturday.
STATE OF MICHIGAN ORDER FOR GRANDPARENT VISITATION; CASE NO.
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
niana Adams vs Barr Adams
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
3. For the above-stated periods of grandparent visitation, the grand-
parents shall provide the transportation to pick up the minor children
and the Plaintiff shall provide the transportation to return the minor
children home.
4. In addition to the above-stated periods of visitation, the paternal
grandparents shall be entitled to four additional weekends of visita-
tion each and every year from 6:00 p.m. on Friday until 6:00 p.m. on
Sunday. The dates of the four additional weekends of visitation shall
be at the option of the paternal grandparents. However, the paternal
grandparents must provide the Plaintiff with at least 30 days written
notice of when they intend to exercise the weekend visitation and,
further, the paternal grandparents shall provide all transportation
for the said weekend visitations.
5. In the event that the residence of the minor children is returned to
the state of Michigan, then the grandparents' visitation shall remain
in effect as set forth above, with the following exceptions:
a. The additional four weekends of visitation shall be eliminated,
and the grandparents shall be entitled to visitation the first
full weekend of every month from 6:00 on Friday until 6:00 p.m.
on Sunday; and
b. The grandparents shall provide all transportation for the
purposes of visitation.
6. The Plaintiff shall provide the paternal grandparents with a copy of
the minor children's school calendar each and every year and shall
keep the paternal grandparents notified, in writing, of the residen-
tial address of the minor children at all times.
7. During all periods of grandparent visitation, and until further order
of the Court:
a. The paternal grandparents shall affirmatively prohibit any
contact, whatsoever, between the Defendant and the minor
children; and
b. The paternal grandparents shall not have any communication,
whatsoever, with the minor children on the issue of the
Defendant.
8. The grandparents shall be entitled to have written contact with the
minor children as often as is reasonable; however, until further order
of the Court, the written communications shall not in any way address
the Defendant.
STATE OF MICHIGAN ORDER. FOR GRANDPARENT V18ITATION; CASE NO.
37TH JUDICIAL CIRCUIT AND ORDER GRANTING FURTHER RELIEF 94 1207 DM
CALHOUN COUNTY
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
vs
Plaintiff Defendant
Paternal Grandparents:
Robert and Norma Adams
9. As it relates to the compliance hearing scheduled on the issue of
grandparent visitation, the Plaintiff shall not be held in contempt of
Court.
IT IS FURTHER ORDERED that in all other respects, the provisions of the
previous orders of this Court which are not modified by this order shall
remain unchanged and in full force and effect.
Dated: '//J? b
PROBATE COU JUDGE
(Sitting b Assignment)
Prepared by: CiRMCWYOF
Sonya L. Leibowitz (P44444) ONGIMEONFU
Domestic Relations Referee
Office of the Friend of the Court
161 East Michigan Avenue
Battle Creek, MI 49014-4066
(616)969-6500 37 pI
DEPUIYCMOURTCIEUCLER
R!(
TRUE COP Y9 FROM RECORD
In Tsst?rn•:ny whereof, I h4r& unto sat rry Nana
and tite aal of sa J Court at Carlisle, Fa.
This /9 drat of 19 -9
Prothcnotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. ADAMS CIVIL ACTION - LAW
and
NORMA L. ADAMS,
Petitioners, No. 99-5057 Civil Term
V.
DIANA ADAMS,
Respondent. CUSTODY
PRAECIPE TO ENTER FOREIGN ORDER
To the Prothonotary: Curtis R. Long
Please enter the Contempt Order Regarding Grandparent Visitation; Order for
Make-up Grandparent Visitation; Order of Compliance Hearing; and Order Granting
Further Relief issued by the 37'h Judicial Circuit Court of Calhoun County in the State of
Michigan on December 6, 1999.
T
RUE COPY FROM REOORD
Tatlwq
and wherao!, I here?urrto SM my w
rhis o! ._. _
iigle, Perkins & Associates
126 East King Street
Shippensburg, PA 17257
Attorney ID #71577
(717)532-7388
By.
Jos ph P. Ruane, Esquire
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WEIGLE. PERKINS 6 ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SMIPPENSBURG. PA 17251.1397
`)(1(1317 a
STATE OF MICHIGAN CONTEMPT ORDER REGARD?AG CASE NO.
37TH-JUDICIAL CIRCUIT GRANDPARENT VISITATION;' ORDE FT r--2-0n-7-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION E FLa IIJI
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF DEC 0 7 1999C,/_mA-i/
161 East Michigan Avenue, Ba
Friend of the Court address
9014-4066
37th CIRCUIT
niAnA Adams
Plaintiff
260 East Garfield St
Shippensburg PA 17257
vs
Defendant
622 West Green St
Marshall MI 49068
Norma and Robert Adams
Third Party Intervenors/
Paternal Grandparents
8576 Sandycrest Drive
White Lake MI 48386
Date of Hearing: October 15, 1999
Probate Court Judge: Honorable Gary K. Reed (P27878)
(Sitting by Assignment)
Date of Entry:
Domestic Relations Referee: Sonya L. Leibowitz (P44444)
THE COURT FINDS:
The Domestic Relations Referee made a statement of findings on the record
wherein it appears to the Court that the Plaintiff, Diana Adams, was
required to appear pursuant to a Petition and Order to Show Cause for
Contempt RE: Grandparent Visitation, dated September 2, 1999, and failed to
appear for the hearing.
The evidence presented before the Domestic Relations Referee established
that the paternal grandparents, Norma and Robert Adams, were denied three
(3) weeks of scheduled visitation during the minor children's summer
vacation period. Further, based upon the testimony presented, the Domestic
Relations Referee determined that the denials of visitation were wrongful
and, therefore, the Plaintiff, Diana Adams, should be found in contempt of
Court. The Domestic Relations Referee also determined that make-up
visitation would be in the best interests of the minor children and that an
order should enter awarding the paternal grandparents two (2) weeks of
make-up visitation. Further, the Domestic Relations Referee determined
that any make-up visitation beyond two (2) weeks would not be in the best
interests of the minor children as said would unreasonably interfere with
the Plaintiff's custodial time.
IT IS ORDERED:
1. That the Plaintiff, Diana Adams, shall be held in contempt of Court.
2. The following sanctions for the Plaintiff's contemptuous acts shall be
reserved pending a compliance hearing in this matter:
a) That the Plaintiff, Diana Adams, shall be committed for a period
of up to 30 days to the Calhoun County Jail.
STATE OF MICHIGAN CONTEMPT ORDER REGARDING CASE NO.
37TR JUDICIAL CIRCUIT GRANDPARENT -VISITATION"* ORDER FOR 94-1207-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION; ORDER
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
Diana AHama vs Barry AHamc
Plaintiff Defendant
260 East Garfield St 622 West Green St
Shippensburg PA 17257 Marshall MI 49068
b) That the Plaintiff, Diana Adams, shall be assessed $150.00 in
Court costs, $100.00 in costs payable directly to the paternal
grandparents as a result of the costs incurred in bringing the
instant contempt proceeding, and any additional and reasonable
attorney fees incurred by the paternal grandparents as a result
of the contempt proceedings held in this matter. .
That immediately upon entry of this order, the Plaintiff shall comply
with all terms of the order entered on July 19, 1999, awarding the
paternal grandparents visitation. Further, within fourteen (14) days
of the entry of this order, the Plaintiff shall provide the paternal
grandparents, in writing, with her home telephone number in order to
allow the paternal grandparents to contact the Plaintiff so as to
arrange for visitation and, further, the Plaintiff shall provide the
paternal grandparents, also within fourteen (14) days of the entry of
this order, a copy of the minor children's school calendar.
The paternal grandparents shall be entitled to the following periods
of make-up visitation:
a) One (1) additional week during the minor children's Christmas
break period to begin on the second day of the minor children's
Christmas break period at 6:00 p.m. and continue through the
paternal grandparent's scheduled Christmas break vacation;
b) One (1) additional week during the minor children's summer
vacation period of the year 2000 to be exercised from June 24 of
2000, and to continue through the paternal grandparent's
scheduled summer visitation.
5. That a compliance hearing is scheduled in this matter as follows:
Date: February 1, 2000
Time: 1:00 P.M.
Judge: Honorable Gary Reed, Probate Court Judge
(Sitting by Assignment)
Court Room No. 249
Calhoun County Justice Center
161 East Michigan Avenue
Battle Creek, Michigan
.STATE OF MICHIGAN CONTEMPT ORDER REGARD.NG CASE NO.
37TH-JUDICIAL CIRCUIT GRANDPARENT.VISITATION; ORDER FOR 94-1207-DM
CALHOUN COUNTY MAKE-UP GRANDPARENT VISITATION; ORDER
FOR COMPLIANCE HEARING; AND ORDER
GRANTING FURTHER RELIEF
161 East Michigan Avenue, Battle Creek, MI 49014-4066 (616)969-6500
Friend of the Court address
Diana Adams vs parr Aflame
Plaintiff Defendant
260 East Garfield St
Shippensburg PA 17257
622 West Green St
Marshall MI 49068
In the event that the Plaintiff, Diana Adams, complied with all orders
of grandparent visitation, then said parties are excused from
attending the compliance hearing and said hearing shall be dismissed
without further notice. In the event that the Plaintiff failed to
comply and denied the paternal grandparents their court-ordered
visitation, then both the Plaintiff and paternal grandparents shall be
required to appear. In the event that the Plaintiff is required to
appear and fails to appear, a Bench Warrant may issue for her arrest
requiring the posting of a $500.00 cash appearance bond upon execution
of said Bench Warrant.
IT IS FURTHER ORDERED that in all other respects, the provisions of the
previous orders of this Court which are not modified by this order shall
remain unchanged and in full force and effect.
Dated:
PROBATE COL JUDGE IP27878)
(Sitting b Assignment)
cc: Norma and Robert Adams, 8576 Sandycrest Drive, White Lake MI 48386
Prepared by:
Sonya L. Leibowitz (P44444)
Domestic Relations Referee
Office of the Friend of the Court
161 East Michigan Avenue
Battle Creek, MI 49014-4066"4
(616)969-6500 ea IV 4
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