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HomeMy WebLinkAbout99-05063 4 h Z c e m; 0 a O- AUG 2 0 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Diana L. Maiman, No. q(q- S-6(2 Plaintiff V. Jason C. Gift, Defendant IN CUSTODY ORDER OF COURT AND NOW, this aA day oftS2?,?? , 1999, upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before jt44?1c\ Esq. the conciliator at (CMp , on the _)I day of nck 1999 at q'. 00 9.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent Order. Hearing to be held at BY THE COURT, BY: -n ?D L :` 7 y1 ? 1 Custody Conciliator ro 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 Cr- - l ThRY 99A!!2;i Pi; 40 "JUNTY FGVNS'(WI!IM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I PENNSYLVANIA CIVIL ACTION - LAW Diana L. Maiman, No. Plaintiff V. Jason C. Gift, Defendant IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Referral Service York County Bar Association 137 East Market Street York, PA 17401 (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Diana L. Maiman, No. 9 9 - -ti-O 4,3 6e4n ! Plaintiff V. Jason C. Gift, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Diana L. Maiman, is an adult individual who resides at 3 Steven Terrace, Apartment 4A, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Jason C. Gift, is an adult individual who currently resides at 712 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical and legal custody of the minor child, Anthoni R. Gift, bom October 10, 1995. The minor child was bom out of wedlock. For the past five years, the child has resided with the following persons and at the following addressed: Charles Bingman Connie Bingman Jason C. Gift Jason C. Gift Joyce McComas Diana Maiman Jason C. Gift Scott Bennie Diana Maiman Jason C. Gift Charles Bingman Connie Bingman 712 Hilltop Drive New Cumberland, PA 1173 Draymore Court Hummelstown, PA 1000 Bridge Street New Cumberland, PA 712 Hilltop Drive New Cumberland, PA 3/99 - present 3/98 - 3/99 6/97 - 3/98 Birth - 6/97 The Mother of the child is Diana L. Maiman, an adult individual who resides at 3 Steven Terrace, Apartment 4A, Camp Hill, Cumberland County, Pennsylvania. < She is single. The Father of the children is Jason C. Gift, an adult individual who currently resides at 712 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania. He is single. 4. The relationship of the Plaintiff and children is that of natural parent. The Plaintiff currently resides with her parents, Richard Maiman and Inson Maiman. 5. The relationship of the Defendant and children is that of natural parent. The Defendant currently resides with his parents, Charles Bingman and Connie Bingman and the subject minor child. 6. The Plaintiff has not participated as a party in other litigation concerning the custody of the child. i Plaintiff has no information of a custody proceeding concerning the child pending a Court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested. 8. The parties have entered into a stipulation regarding custody of the subject minor child. WHEREFORE, Plaintiff, Diana L. Maiman, respectfully requests that the Court grant her primary physical custody and legal custody of the subject minor child. Respectfully submitted, I Ketth B. De ond, Es . Attorney for Plaintiff DeArmond & DeArmond Date: 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Datel??Jq4? J ana . Maiman n w ll- Cf u ?• v r• r, c: ct cm M cr% ? rL R- ?av Ut i ?^^V \ (V lu o? 7ZF AUG 2 0199yw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • ,? D Diana L. Maiman, No. Plaintiff V. Jason C. Gift, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _1 day of 1999, upon consideration of the attached Complaint for Custody, it is hereby 'irected that the parties and their respective counsel appear before --`2°.sq. the conciliator at on the a.?/ day of 1999 /a ,,,? ???? ly Conference. At such conference, an effo W/?? a• or if this cannot be accomplished, to di f /• , Or? l Court and to enter into a temporary Order. ??j ent at the conference. Failure to appear at permanent Order. I p?c?frica? y of a temporary or )URT, ?d ciliato YOU SHOL VYER AT ONCE. IF YOU DO NOT HA cte 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 ?ri!J' ?•, In Tcst;mar; F'?1' and the Berl of I t at seal of said Court at Car my hand llsie, Pa. This ...?5 day of.... 19.1 (,?i5q ................. ....... Prot) t... AUG 2 0199" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Diana L. Maiman, No. Plaintiff V. Jason C. Gift, Defendant IN CUSTODY ORDER OF COURT AND NOW, this X. day of 1999, upon consideration of the attached Complaint for Custody, it is hereby 4 erected that the parties and their respective counsel appear before Esq. the conciliator at 3CQ -5. 19Y4 /?,.. sl41/ on the d/ day of z?. 1999 at 9'00 q • . 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 this conference may provide grounds for entry of a temporary or permanent Order. Hearing to be held at BY THE COURT, BY: 151 Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 T(RO' ?, ` •:? RD In Tcst;morq vAcrcof, ?I 1 h_)\1 11 r•?p,, _ r and the seal of said Court at Car;;sle, Pay hand This ... ..... day of....(q. Pry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Diana L. Maiman, No. Plaintiff V. Jason C. Gift, Defendant IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Referral Service York County Bar Association 137 East Market Street York, PA 17401 (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Diana L. Maiman, No. Plaintiff V. Jason C. Gift, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Diana L. Maiman, is an adult individual who resides at 3 Steven Terrace, Apartment 4A, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, Jason C. Gift, is an adult individual who currently resides at 712 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical and legal custody of the minor child, Anthoni R. Gift, bom October 10, 1995. The minor child was bom out of wedlock. For the past five years, the child has resided with the following persons and at the following addressed: Charles Bingman Connie Bingman Jason C. Gift 712 Hilltop Drive New Cumberland, PA 3/99 - present Jason C. Gift Joyce McComas Diana Maiman Jason C. Gift Scott Bennie Diana Maiman Jason C. Gift Charles Bingman Connie Bingman 1173 Draymore Court Hummelstown, PA 1000 Bridge Street New Cumberland, PA 712 Hilltop Drive New Cumberland, PA 3/98 - 3/99 6/97 - 3/98 Birth - 6/97 The Mother of the child is Diana L. Maiman, an adult individual who resides at 3 Steven Terrace, Apartment 4A, Camp Hill, Cumberland County, Pennsylvania. She is single. The Father of the children is Jason C. Gift, an adult individual who currently resides at 712 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania. He is single. 4. The relationship of the Plaintiff and children is that of natural parent. The Plaintiff currently resides with her parents, Richard Maiman and Inson Maiman. 5. The relationship of the Defendant and children is that of natural parent. The Defendant currently resides with his parents, Charles Bingman and Connie Bingman and the subject minor child. 6. The Plaintiff has not participated as a party in other litigation concerning the custody of the child. Plaintiff has no information of a custody proceeding concerning the child pending a Court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested. 8. The parties have entered into a stipulation regarding custody of the subject minor child. WHEREFORE, Plaintiff, Diana L. Maiman, respectfully requests that the Court grant her primary physical custody and legal custody of the subject minor child. Respectfully submitted Date: Keith B.-Degrmond, Eskl' Attorney for Plaintiff DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. 1.D. No. 58878 VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: ana . Mahan 3 44 y O ?n ?"? N W U ? ? '? ap U DEC 2 0 DIANA L. MAIMAN, Plaintiff, VS. JASON C. GIFT, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5063 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AMID NOW, this a7 ",day of , 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Diana L. Maiman, and the Father, Jason C. Gift, shall have shared legal custody of Anthoni R. Gift, born October 10, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have custody of the Child, with the Father present, in accordance with the following schedule: On Saturday, December 18, 1999 from 9:00 a.m. until 1:00 P.M. at the Father's residence. On Christmas Day from 3:00 p.m. until 7:00 p.m. at the Mother's residence. On New Years Day from 9:00 a.m. until 1:00 p.m. at the Father's residence or otherwise as the parties agree. Thereafter, the Mother shall have custody of the Child, with the Father present, every Wednesday, beginning January 5, 2000 from 6:00 p.m. until 8:00 p.m. and every Saturday from 9:00 a.m. until 1:00 p.m. The periods of custody shall take place at the Father's residence or as otherwise arranged between the parties. The Father shall ensure that no relatives or other third parties are present during the mother's periods of custody under this order. 4. After following the custody schedule set forth in paragraph 3 for 5 weeks, the parties shall cooperate in discussing expansion of the custody schedule to unsupervised periods of custody and overnight periods of custody with the Mother. In the event the parties are not at that time able to reach an agreement as to an ongoing custody schedule, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. Pending an additional Conciliation Conference, the parties shall continue to follow the schedule set forth in this order. 5. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE , J. cc: Keith B. DeArmond, Esquire - Counsel for Mother Austin F. Grogan, Esquire - Counsel for Father DIANA L. MAIMAN, : IN THE COURT OF COVPM PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-5063 CIVIL TERM JASON C. GIFT, : CIVIL ACTION - LAW Defendant, IN CUSTODY CUSTODY CCNCILIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anthoni R. Gift October 10, 1995 Father I 2. A Conciliation Conference was held on December 13, 1999, with the following individuals in attendance: The Mother, Diana L. Maiman, with her counsel, Keith B. DeArmond, Esquire, and the Father, Jason C. Gift, with his counsel, Austin F. Grogan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquir ' Custody Conciliator a a c r ` a r c o a a . m R: P. W y 't) E H E-1 W z 7?. y p ? w w Q.°: c 10 H It ? gam E- U U M M f... (y` Z a .^y cz f'o u U?^ W UO F I rL E. L W R (71 E ? P Q P. i L) z o z.o o z It cn 1.4u c uH c ; J nr/in ? <<rn I-TS I !; ; on;'° DIANA L. MAIMAN, Plaintiff V. JASON C. GIFT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5063 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 99 ORDER AND NOW, this d 4*- day of ESL^??, 2001, upon consideration of the attached Stipulation, it is hereby Ordered and Directed as follows: The paternal grandmother, Connie Bingman, shall have primary physical custody and legal custody of Anthoni R. Gift, bom October 10, 1995. 2. The plaintiff, Diana L. Maiman, and the defendant, Jason C. Gift, shall have partial custody of the child at times mutually agreed upon by the parties. 3. This Order is entered pursuant to an agreement and Stipulation of the parties. The parties may modify the provisions of this Order by mutual consent. In absent of mutual consent the terms of this Order shall control. BY THE CO Cc: Diana L. Maiman, prose Jason C. Gift Austin F. Grogan, Attorney for Defendant Connie Bingman, pro se Jj. vc? ': i '/ DIANA L. MAIMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5063 CIVIL TERM JASON C, GIFT, CIVIL ACTION -LAW Defendant IN CUSTODY STIPULATION AND NOW, this .;20day of YU?wL 2001, the parties, Diana L. Maiman, plaintiff, and Jason Gift, defendant, and the pate al grandmother, Connie Bingman, agree to the following: 1. By this Honorable Court's Order, dated December 27, 1999, the parties were awarded shared legal custody of Anthoni R. Gift, born October 10, 1995; 2. The plaintiff, Diana Maiman, was given partial custody pursuant to the best interest of the child; 3. The defendant, Jason Gift, was awarded primary physical custody of the child; 4. The child routinely resides with the paternal grandmother, Connie Bingman; 5. Diana Maiman, plaintiff, and Jason Gift, defendant, agree that primary physical and legal custody of the parties minor child, Anthoni R. Gift, born October 10, 1995, shall be vested with the paternal grandmother, Connie Bingman. WHEREFORE, the parties, Diana Maiman, Jason Gift, and Connie Bingman, respectfully requests this Honorable Court to award primary physical and legal custody to the paternal grandmother, Connie Bingman, and award partial custody to the natural parents, Jason Gift and Diana Maiman, as the parties may agree. DIANA L. MAIMAN JN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION :CUSTODY JASON C. GIFT Defendant/Respondent :NO. 99-5063 PETITION FOR CHANGE OF VENUE Petitioner, Diana L. Maiman, by and through her attorneys, MidPenn Legal Services, respectfully requests that the above-captioned custody matter be transferred to the Dauphin County Court of Common Pleas in Harrisburg, Pennsylvania pursuant to Pa.R.C.P. No. 1915.2 (d) and 23 Pa.C.S. § 5341 et seq., and in support of this request represents: 1. By order of Court, dated December 27, 1999, Respondent was awarded primary physical custody of parties' minor child, Anthoni R. Gift, born October 10, 1995. Petitioner was awarded periods of partial custody. Both parties shared legal custody of the minor child. 2. After following a custody schedule set forth in the Order of December 27, 1999 for a period of five (5) weeks, Respondent agreed to cooperate and discuss the expansion of the periods of partial custody with Petitioner. In the event that the parties were not able to reach an agreement as to the ongoing custody schedule, each party's respective counsel reserved the right to contact the Conciliator to schedule an additional Custody Conciliation conference. 3. On February 21, 2001, Petitioner and Respondent entered into a Stipulated Agreement in which Connie Bingman, the minor child's paternal grandmother, was vested with primary physical and legal custody of the party's minor child, Anthoni R. Gift, born October 10, 1995. Petitioner and Respondent agreed to have partial custody of child at times mutually agreed upon by the parties. 4. By order of the Court, dated February 28, 2001, paternal grandmother, Connie Bingman, was awarded primary physical and legal custody of minor child, Anthoni R. Gift, born October 10, 1995. Petitioner and Respondent received partial custody of child at times mutually agreed upon by the parties. 5. Petitioner is currently residing at 192 Riders Way, Lebanon, Lebanon County, 17042. Petitioner has resided in Lebanon County since November 2005. 6. It is the intention of Petitioner to move to Hershey, Dauphin County, PA, in late spring or early summer 2007. 7. The minor child is currently residing with Respondent at 2227 JoAnn Avenue, Hummelstown, PA, 17036, Dauphin County since late summer 2005. The minor child has not resided in Cumberland County since approximately the fall of 2000. 8. It is Petitioner's intention to commence proceedings seeking an amendment to the February 28, 2001 Stipulated Order promptly upon the transfer of this matter to Dauphin County, should her request for such relief be granted. 9. Dauphin County is a more convenient forum for Petitioner/Plaintiff, Respondent/Defendant, the minor child and witnesses that are likely to be called in this matter. 10. Substantial evidence concerning the present and future care, protection and personal relationships of the minor child is more readily available in Dauphin County, where he attends school. The minor child has attended school in Dauphin County for last five years. Members of the minor child's extended family reside in Dauphin County. The minor child's doctor is also located in Dauphin County. WHEREFORE, Petitioner requests that the Court issue a Rule upon Respondent to show cause, if any he has, as to why this matter should not be transferred to Dauphin County Court of Common Pleas. Respectfully submitted, MIDPENN LEGAL SERVICES Arlene A. Marshall-Hockensmith Attorney for Petitioner/Plaintiff Supreme Court ID # 202037 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 2 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Diana L. Maiman, Petitioner/Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the foregoing Petition and proposed Order upon Respondent/Defendant, James C. Gift of 2227 JoAnn Avenue, Hummelstown, Pennsylvania, 17036, by first-class mail. Arlene A. Marshall-Hockensmith Attorney for Plaintiff Supreme Court ID # 203037 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 Date: 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the foregoing Petition and proposed Order upon an additional interested party, Carol Bingman of 751 Creekside Drive, Hummelstown, Pennsylvania, 17036, by first-class mail. Arlene A. Marshall-Hockensmith Attorney for Plaintiff Supreme Court ID # 203037 MidPenn Legal Services 213 -A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 Date: , ? ?b? CERTIFICATE OF SERVICE The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the foregoing Petition and proposed Order upon Austin F. Grogan, Attorney for Respondent/Defendant, of 24 N. 32°d Street, Camp Hill, Pennsylvania, 17011, by first-class mail. UV ?. &"& --#4&WWK Arlene A. Marshall-Hockensmith Attorney for Plaintiff Supreme Court ID # 203037 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 Date: C V-7 6 W AUG 2 01990 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Diana L, Maiman, Plaintiff V. Jason C. Gif}, Defendant No. qq , s?3 IN CUSTODY ORDER OF COURT AND NOW, this 1 day of , 1999, upon consideration of the attached Complaint for Custody, it is hereby irected that the parties and their respective counsel appear before , Esq. the conciliator at ,??CQ s 1"'r-A . _, on the day of 1999 at ?z or 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 this conference may provide grounds for entry of a temporary or permanent Order. Hearing to be held at BY THE COURT, BY: A/ Custody Conciliator ?Zi ).1Z14°G 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 B,-:: Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TR Ir -n. In "-..r, Test rnor:y k-.hcr- ' RI? and the seal of said Court at Car ;,'^ t my hand s;a, Pa This.,.... day of..... 19..r ............... ?C- $.. K. Y . ....... Prot hor?ot? ___.. .,.. ............??....- -<_.wxw+vrva.wrwr?u.n-e+,.;aa.,?c?.iv¢s.'?SBV`?sT.TS'aa??s`?v.'y'f"iF.'-Xis''.?Y>`e'lA.?t':'?i`?:?'.?.' e••??•,,?II '?[4.. t nN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Diana L. Maiman, Plaintiff No. v, Jason C. Gift, Defendant IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Referral Service ork County Bar Association 137 East Market Street York, PA 17401 (717) 854-8755 ih THE COURT OF ("OMMON PLEA'; OF CUMBERLAND COUNTY, PENNWL V P,N1A (71W. M-TION - LAW V ar a N l,t rnar, No. Plaintiff v Defendant : IN CUSTODY OMPL/tlNT FOR CUSTODY 1 The Plaintiff. Diana L. Maiman, is an adult individual who resides at 3 Steven T:rrracc, Apartment 4A, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, J?Lson C. irift, is an adult individual who currently resides at 7 11 Hi` Itop T)rive, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff seers primary phvsical am legal custody of the minor child, Anthoni :?k (ri 1, barn October 10, 191) 5. The -ninor child wa,,. born out of wedlock. For the past five years. the child has resided with the following persons and at the lb loAirg addressed: "'harles Bingman 712 Hilltop Drive 3/99 - present Conrtle Bingman New Cumberland, PA Jason C. Gift 4son C. Gft 117:3 Drayniore Court 3/98 - 3/99 loyce McComas Hummelstown, PA ?aiana Maiman 1000 Bridge Street 6/97 - 3/98 lasor. C. Gift New Cumb}rland, PA Scott Bennie Diana Maiman 712 Hilltop Drive Birth - 6/97 J ason C. Gift New Cumberland, PA ,Charles Bingman Connie Bingman The Mother of the child is Diana L. Maiman, an adult individual who resides at tf.v'r Terrace, Apartment 4,k Camp Hill, Cumberland County, Pennsylvania. She is single. The Father of the children is Jason C. Gift, an adult individual who currently resides at 712 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania. He is single. 4. The relationship of the Plaintiff and children is that of natural parent. The Plaintiff currently resides with her parents, Richard Maiman and Inson Maimap. 5. The relationship of the Defendant and children is that of natural parent. The Defendant currently resides with his parents, Charles Bingman and Connie Bingman and the subject minor child. 6. The Plaintiff has not participated as a party in other litigation concerning the custody of the child. Plaintiff has no information of a custody proceeding concerning the child pending a Court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested. 8. The parties have entered into a stipulation regarding custody of the subject minor child. WHEREFORE, Plaintiff, Diana L. Maiman, respectfully requests that the Court grant her primary physical custody and legal custody of the subject minor child. Respectfully submitted, Date: Keith-B.- DeXrmond, Es' Attorney for Plaintiff DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 0* VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Fa. C.S. §4904 relating to unsworn falsification to authorities. Date: 1- am . Maiman DIANA L. MAIMAN, Plaintiff, VS. JASON C. GIFT, Defendant, IN THE COURT OF MAIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5063 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CCNCILIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLANw COUNTY RULE OF CrM PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this' litigation is as follows: NA ME DATE OF BIM tIIRREIai?Y IN CUSTODY OF ..Anthoni R. Gift October 10, 1995 Father 2. A Conciliation Conference was held on December 13,-1999, with the following individuals in attendance: The Mother, Diana L. Maiman, with her counsel, Keith B. DeArmond, Esquire, and the Father, Jason C. Gift, with his counsel, Austin F. Grogan, Esquire. r 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esqui ' Custody Conciliator V :'r ; DIANA L. MAIMAN, Plaintiff, VS. JASON C. GIFT, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5063 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDM AND NOW, this a 7 day of , 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Diana L. Mailman, and the Father, Jason C. Gift, shall have shared legal custody of Anthoni R. Gift, born October 10, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. . . 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have custody of the Child, with the Father present, in accordance with the following schedule: on Saturday, December 18, 1999 from 9:00 a.m. until 1:00 p.m. at the Father's residence. On Christmas Day from 3:00 p.m. until 7:00 p.m. at the Mother's residence.. On New Years Day from 9:00 a.m. until 1:00 p.m. at the F'ather's residence or otherwise as the parties agree. Thereafter, the Mother shall have custody of the Child, with the Father present, every Wednesday, beginning January 5, 2000 from 6:00 p.m. until 8:00 p.m. and every Saturday from 9:00 a.m. until 1:00 p.m. The periods of custody shall take place at the Father's residence or as otherwise arranged between the parties. The Father shall ensure that no relatives or other third parties are present during the Mother's periods of custody under this order. 4. After following the custody schedule set forth in. paragraph 3 for 5 weeks, the parties shall cooperate in discussing expansion of the custody schedule to unsupervised periods of custody and overnight periods of custody with the Mother. In the event the parties are not at that time able to reach an agreement as to an ongoing custody schedule, counsel for either party may contact the Conciliator to schedule an additional custody Conciliation Conference. Pending an additional Conciliation Conference, the parties shall continue to follow the schedule set forth in this Order. 5.: This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE , J. cc: Keith B. DeArmond, Esquire - Counsel for Mother Austin F. Grogan., Esquire -Counsel for Father jm? V?j DIANA L. MAD1A.N IN THE COURT OF COMMON PLEAS 'l iintiff CUMBERLAND COUNTY, PENNSYLVANIA tir Nn. 99-5063 CIVIL TERM JASON C. (3IP1' CIVIL, ACTION - LAW i)efendani : IN CUSTODY STIPU> ATION 2001, the parties, Diana L. AND NC? V. this day of a?? Maiman, plaintifi' <<nd Jason Gift, defendant, and the pate al grandmother, Connie Bingman, agree to the -Follov it g: 1. By th-s Honorable ("ortrt's Order, dated December 27, ,,999, the parties were awarded shared le?,2a! citody of Anthorli_ R. Gift, born October 10, 1995; 2. Thc plaintiff, Diana Maiman, was given partial custody pursuant to the best interest of the. chi],,"; 3. The (1--fondant, Jason t1ift, was awarded primary physical custody of the child; 4. The- c:iil' routinely resides with the paternal grandmother, Connie Bingman; 5. Diar,a Maiman, plaintiff, and Jason Gift, defendant, agree that primary physical and Iegal custody 1.4 tl c parties minor child, Anthoni R. Gift, born October 10, 1995, shall be vested with the patcnia. ;randmother. C:mn.ie Bingman. WHEREF011 :., the parties, Diana Maiman, Jason Gift, and Connie Bingman, respectfully requests 1l..is Honorable Court to award primary physical and legal custody to the paternal grandmoth?n, ("Annie Bingman, and award partial custody to the natural parents, Jason Gift and Diana Maiman, as the parties may agree. WITNESS i? , WITNESS WITNESS CONNIE BINGMAN Afil? avy X_*a,4? DIANA MAIMAN DIANA L. MAIMAN, IN THE COURT OF COMMON PLFAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5063 CIVIL TERM JASON C. GIFT, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this ?k* day of f , 2001, upon consideration of the attached Stipulation, it is hereby Ordered and Directed as follows: 1. The patdrnal grandmother, Connie Bingman, shall have primary physical custody and legal custody of Anthoni R. Gift, born October 10, 1995. 2. The plaintiff, Diana L. Maiman, and the defendant, Jason C. Gift, shall have partial custody of the child at times mutually agreed upon by the parties. 3. This Order is entered pursuant to an agreement and Stipulation of the parties. The parties may modify the provisions of this Order by mutual consent. In absent of mutual consent the +:rms of this Order shall control. BY THE CO Cc: Diana L. Maiman, pro se Jason C. Gift Austin F. Grogan, Attorney for Defendant Connie Bingman, pro se a T, f ; ??wM Y? DIANA L. MAIMAN JN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION :CUSTODY JASON C. GIFT Defendant/Respondent :NO. 99-5063 PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Diana L. Maiman, Plaintiff/Petitioner, to proceed in forma pauperis: I, Arlene A. Marshall-Hockensmith, 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 service to the party. Arlene A. Marshall-Hockensmith Attorney for Petitioner/Plaintiff Supreme Court ID # 203 03 7 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 \7 w. DIANA L. MAIMAN :IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION :CUSTODY JASON C. GIFT Defendant/Respondent :NO. 99-5063 AMENDMENT TO PETITION FOR CHANGE OF VENUE Petitioner, Diana L. Maiman, by and through her attorneys, MidPenn Legal Services, respectfully requests that Court consider the additional information provided below in conjunction with the original Petition for Change of Venue. 1. On or about February 28, 2001, The Honorable Judge Edward Guido, upon consideration of a Stipulated Agreement presented by the parties involved, ordered and directed that paternal grandmother Connie Bingman be vested with primary physical and legal custody of the party's minor child, Anthoni R. Gift, born October 10, 1995. Petitioner and Respondent agreed to have partial custody of child at times mutually agreed upon by the parties. 2. On or about March 22, 2007, counsel attempted to contact Austin F. Grogan, Attorney of Record for Defendant/Respondent in order to obtain his concurrence in this matter: The phone number listed online for Mr. Grogan has now been assigned to a residence. After gaining Mr. Grogan's contact information from the Dauphin County Bar Association, counsel contacted the Law Offices of Coyne & Coyne, P.C. in order to obtain the concurrence of Mr. Grogan. Counsel was advised that Mr. Grogan was deployed to Iraq in September 2006 and has since returned to the United States, however, he is no longer employed with that office. WHEREFORE, Petitioner requests that the Court issue a Rule upon Respondent to show cause, if any he has, as to why this matter should not be transferred to Dauphin County Court of Common Pleas. Respectfully submitted, MIDPENN LEGAL SERVICES lene A. Marshall-Hockensmith Attorney for Petitioner/Plaintiff Supreme Court ID # 202037 NUPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: AIMUZN i rlene A. Marshall-Hockensmith 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the foregoing Petition and proposed Order upon Jason C. Gift, Respondent/Defendant, of 2227 JoAnn Avenue, Hummelstown, Pennsylvania, 17036, by first-class mail. ,'Arlene A. Marshall-Hockensmith Attorney for Plaintiff Supreme Court ID # 203037 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 Date: a -? y 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the foregoing Petition and proposed Order upon an additional interested party, Carol Bingman of 751 Creekside Drive, Hummelstown, Pennsylvania, 17036, by first-class mail. /Aene A. Marshall-Hockensmith Attorney for Plaintiff Supreme Court ID # 203037 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 Date: 9- ) ' U 5 C'j ? C? ? ? -r? ? f ? ?? 4 , , J G »? ?. ! ' ' r ? ?^ F y r f ?...? / ^ ' , - ,, t .., '? TI ?? ? . ?? y I . MAR I (2007 X) DIANA L. MAIMAN JN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION :CUSTODY JASON C. GIFT Defendant/Respondent :NO. 99-5063 ORDER • AND NOW this ?daY of , 2007, upon consideration of the foregoing petition, it is here ordered that: 1. A Rule is issued upon Respondent, Jason C. Gift and upon Connie Bingman as an additional party in interest, to show cause why Petitioner is not entitled to the relief requested in the attached Petition; 2. Said Rule is returnable twenty (20) days from service hereof; 3. All proceedings in this matter are stayed until further Order of Court. BY THE COURT; J. Distribution: ason C. Gift, Defendant/Respondent 2227 JoAnn Avenue Hummelstown, PA 17036 tin F. Grogan, Attorney for Respondent/Defendant 24 N. 32°d Street Camp Hill, PA 17011 KC e Bingman, Additional Interested Party reekside Drive Hummelstown, PA 17036 am i ?ebza 0 f 99A?fl _'?I +? 8C :C Wd ?- U IN LODZ ]"D1--C C-131IJ }"`r Arlene A. Marshall-Hockensmith, Attorney for Petitioner/Plaintiff MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DIANA L. MAIMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION--- Custody JASON C. GIFT, Defendant : No. 99-5063 PRAECIPE FOR ENTRANCE OF APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of the Defendant, Jason C. Gift and Connie Gift. Respectfully, E 'f Date: 3 D COYNE & COYNE, P.C. By: --_ 11 Marie Coyne, E q. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Cf. Arlene A. Marshall-Hockensmith, Esq. Attorney for Plaintiff/Petitioner ? ?-?; f ._ C..t YET DIANA L. MAIMAN JN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION :CUSTODY JASON C. GIFT Defendant/Respondent :NO. 99-5063 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Rule to Show Cause Order by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Respectfully Submitted, MIDPENN LEGAL SERVICES Date: 4147 BY. ne A. Marshall-Hockensmith Attorney for Plaintiff Supreme Court ID # 203037 MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 717-232-0581, ext 2107 C? ?-- ? -rl - _ , ?-; t; , , `,, ? _ -- ?' = .. # a t r) i, f COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DIANA L. MAIMAN, Plaintiff/Petitioner, V. JASON C. GIFT, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--- Custody No. 99-5063 ANSWER IN OPPOSITION TO PETITION and AMENDED PETITION FOR CHANGE OF VENUE AND NOW COMES, the Respondent, JASON C. GIFT and CONNIE GIFT, the Paternal Grandmother, and files the within Answer in Opposition to Petition for Change of Venue: 1. Admitted. 2. Denied, in part and Admitted, in part. It is denied that Petitioner exercised any regular periods of custody after the conciliation or for the months preceding the Stipulation. It is admitted, however, that the parties entered into a Stipulation whereby Connie Bingman, now Connie Gift, was given primary physical and legal custody of the minor child. 3. Denied as stated. The Stipulation speaks for itself. 4. Admitted. 5. Denied. Petitioner resides with at Lowther Street, Lemoyne, Cumberland County, Pennsylvania. 1 6. Denied. Respondent is without any information or belief concerning what Petitioner's "intent" is concerning her residency and same is denied with strict proof of same demanded. 7. Admitted. 8. Denied. Respondent is without any information or belief concerning what Petitioner's "intent" is concerning her supposed change in residency and same is denied with strict proof of same demanded. Furthermore, without any petition for modification pending, Petitioner has no legal standing for the relief requested. This appears, therefore, to be merely an exercise in "hypothetical" litigation on the behalf of Petitioner as there is no litigation pending at this time and the fact remains that Petitioner currently resides in Lemoyne, Cumberland County, Pennsylvania. 9. Denied. It is denied that Cumberland County is not a convenient forum for this custody litigation. Should there be litigation concerning the custody of the minor child, the Petitioner, herself, currently resides in Cumberland County, Pennsylvania and therefore, there is no inconvenience for Petitioner. Additionally, neither Respondent, nor Connie Gift, the paternal grandmother object to Cumberland County remaining the forum for litigation concerning custody of the minor child and witnesses for the Respondent who have knowledge and information concerning the minor child are located in 2 Cumberland County. Furthermore, retaining Cumberland County as the forum for litigation would result in maintaining continuity through any litigation which the Petitioner may file. The continuity would remain through the conciliation process, conciliator, and Judge all of which have become knowledgeable of the minor child and his best interests. 10. Admitted, in part and Denied, in part. It is admitted that minor child's pediatrician is located in Dauphin County and that minor child attends school in Dauphin County; however, it is denied that the child's extended family resides in Dauphin County or that it is even relevant that they do as there is no indication that any member of the child's "extended family" are witnesses in any "hypothetical" litigation or that they would provide relevant or necessary evidence to any custody proceeding. It is further denied that the minor child's pediatrician would be called as a witness in any future custody litigation and if called, there is no indication that there is any adverse impact or unavailability of such a witness for testimony in Cumberland County proceedings. Furthermore, the minor child's counselor is located in Cumberland County. WHEREFORE, the Respondent as well as Connie Gift, the custodial paternal grandmother, respectfully requests that the Petition for Change of Venue be denied. 3 ANSWER IN OPPOSITION TO AMENDMENT TO PETITION. 10. Paragraphs 1 through 10 above are incorporated herein by reference. 11. Paragraph 1: Admitted. 12. Paragraph 2: Denied as stated. The undersigned is without information and belief concerning actions supposedly undertaken by opposing counsel and same is therefore denied. Furthermore, it is denied that any contact made to the Law Offices of Coyne & Coyne, P.C. by opposing counsel resulted in opposing counsel being advised that Attorney Grogan is, "no longer employed by Coyne & Coyne, P.C." Attorney Grogan was mobilized to active military duty; however, Attorney Grogan has not been released from active military duty and as such, the Law Offices of Coyne & Coyne, P.C. is in full compliance with the Soldier's and Sailor's Civil Relief Act and Attorney Grogan, when released from active military duty, will return to full-time employment with the Law Offices of Coyne & Coyne, P.C. Furthermore, opposing counsel never provided service of the original petition upon Attorney Grogan at his law office or to the law offices of Coyne & Coyne, P.C. despite knowing that Attorney Grogan's law office was located in Cumberland County and it appears that opposing counsel did not contact the Cumberland County Bar Association, but for some reason contacted only the Dauphin County Bar Association for information concerning Attorney Grogan. 4 WHEREFORE, the Respondent and Connie Gift, the custodial paternal grandmother, respectfully requests that the Petition for Change of Venue be denied. Respectfully, COYNE & COYNE, P.C. Date: ?3 0'7 By: ie Coyne, Esq. I ;me Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Respondent and Connie Gift 5 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned`s knowledge, information and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. §4904. Dated: VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. §4904. Dated: ` '2D 0? CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer in Opposition to Petition for Change of Venue was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Arlene Marshall-Hockensmith, Esq. MidPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 r Dated: " Lis M ie Coyne ,r.? t ?? . ? J TT ?"'? ki ?i, ? O ?. ?...--++ -"t fib `?? -"t' '- ...? ., , - -'F i 'C vj .,. ..iJ ..{r ? DIANA L. MAIMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON C. GIFT NO. 1999 - 5063 CIVIL TERM ORDER OF COURT AND NOW, this 26TB day of APRIL, 2007, upon consideration of the Plaintiff s Petition for Change of Venue and the Answer in Opposition thereto, a conference with counsel is scheduled for FRIDAY, MAY 11, 2007, at 11:00 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. Arlene A. Marshall-Hockensmith, Esquire For the Plaintiff Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, Pa. 17011 James C. Gift 2227 JoAnn Avenue Hummelstown, Pa. 17036 Connie Bingman 751 Creekside Drive Hummelstown, Pa. 17036 .? Mfr 36 .v : sld 9 1 :01 NV OC V( Jv LODZ -!Hi JO It. DIANA L. MAIMAN, Plaintiff/Petitioner vs. JASON C. GIFT, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5063 CIVIL TERM CUSTODY PRAECIPE TO WITHDRAW PETITION AND AMENDED PETITION FOR CHANGE OF VENUE To the Prothonotary: Please withdraw without prejudice the Petition and Amended Petition for Change of Venue brought by Plaintiff, Diana Maiman, in the above captioned case. Respectfully submitted: Arlene A. Marshall-Hockensmith Attorney for Petitioner/Plaintiff Supreme Court ID #203037 MIDPENN LEGAL SERVICES 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext 2107 1 f ?M -a 1? f'r ? y ^l MAY 0 9 2002 DIANA L. MAIMAN, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5063 CIVIL TERM JASON C. GIFT, Defendant/Respondent CUSTODY ORDER OF COURT AND NOW, this ! day of May 2007, upon consideration of the Praecipe to Withdraw Petition filed on behalf of Plaintiff, Diana L. Maiman, the Petition and Amended Petition for Change of Venue is withdrawn without prejudice. Judge Distribution: Arlene A. Marshall-Hockensmith, Esquire vl--'dPenn Legal Services 213-A North Front Street Harrisburg, PA 17101 ` w /""sa Marie Coyne, Esquire V Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 . ., i S fem xN \ Brian K. Zellner, Esquire Hynum Law Supreme Court ID #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 7741357 DIANA L. MAIMAN, Plaintiff V. JASON C. GIFT Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99-5063 CIVIL TERM : CIVIL ACTION - LAW PETITION TO MODIFY CUSTODY Now comes, Petitioner, Diana L. Maiman by and through her attorney Brian K. Zellner, and respectfully requests the court to modify the current custody order for the following reasons: 1. Petitioner, Diana L. Maiman, is an adult individual who resides at 7 Brandenburg Building, Hershey, PA 17033. 2. Defendant, Jason C. Gift, is an adult individual who resides at 2227 Jo Ann Avenue, Hummelstown, Pennsylvania. 3. On or about December 27, 1999 an Order signed by the Honorable Judge Guido gave Defendant primary physical custody of minor child, Anthoni R. Gift, with Petitioner having partial physical custody of minor child. 4. Then on or about February 28, 2001, an Order signed by the Honorable Judge Guido as a result of a stipulation which was signed by both parties, gave paternal grandmother, Connie Bingman, now Connie Gift, primary physical custody and legal custody of minor child, Anthoni R. Gift. 5. Petitioner respectfully requests this court to modify the February 28, 2001 Order for the following reasons: a. Petitioner has not been allowed to speak with her minor child in two weeks and has not been able to visit with her child in over month. b. The February 28, 2001 order states "the plaintiff Diana L. Maiman, and the defendant, Jason C. Gift, shall have partial custody of the child at times mutually agreed upon by the parties." c. The said order needs to be modified to address time periods when Petitioner may have her partial custody of the child, as the current order is to vague and is not allowing Petitioner adequate time with her child. WHEREFORE, Petitioner prays this court modify the Order of February 21, 2001 to designate when Petitioner may have partial custody of her minor child. Respectfully Submitted, --1C I(' - /I Date: 3 , 1 3/ 6 g Brian K. Zellner, Esquire Attorney ID#59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 Rx Date/Time MAR-13-2008(THU) 11:30 MAR.1312008 10:43 PAYROLL TAX MAR-13-2008(THU) 11:20 H9NUM PROFE55I0HRL CORP MIFICATbN P. 002 #6728 P.002/002 (FAX)7177780788 P,000/005 I, owns Mairnan, verity that the statements contained in the foregoing PMON TO MODIFY CUSTODY are true and correct to the best of my knowledge, inibrmation and belief. I understand that false staaterneft caftined therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn faWftition to authordies. Date: 3 131 og D?saa DIANA L. MAIMAN, Plaintiff, VS. JASON C. GIFT, Defendant, IN THE COURT OF GUMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-5063 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this o? 7 day of 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Diana L. Maiman, and the Father, Jason C. Gift, shall have shared legal custody of Anthoni R. Gift, born October 10, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have custody of the Child, with the Father present, in accordance with the following schedule: On Saturday, December 18, 1999 from 9:00 a.m. until 1:00 p.m. at the Father's residence. On Christmas Day from 3:00 p.m. until 7:00 p.m. at the Mother's residence.. On New Years Day from 9:00 a.m. until 1:00 p.m. at the Father's residence or otherwise as the parties agree. Thereafter, the mother shall have custody of the Child, with the Father present, every Wednesday, beginning January 5, 2000 from 6:00 p.m. until 8:00 p.m. and every Saturday from 9:00 a.m. until 1:00 p.m. The periods of custody shall take place at the Father's residence or as otherwise arranged between the parties. The Father shall ensure that no relatives or other third parties are presen t during the Mother's periods of custody under this Order. 4. After following the custody schedule set forth In. paragraph 3 for 5 weeks, the parties shall cooperate in discussing expansion of the custody schedule to unsupervised periods of custody and overnight periods of custody with the Mother. In the event the parties are not at that time able to reach an agreement as to an ongoing custody schedule, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. Pending an additional Conciliation Conference, the parties shall continue to follow the schedule set forth in this order. 5,. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. cc: Keith B. DeArmond, Esquire - Counsel for Mother Austin F. Grogan, Esquire -Counsel for Father ?? DIANA L. MAIMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5063 CIVIL TERM JASON C. GIFT, CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW, this d? day of , 2001,. upon consideration of the attached Stipulation, it is hereby Ordered and Directed as follows: 1. The paternal grandmother, Connie Bingman, shall have primary physical custody and legal custody of Anthoni R. Gift, born October 10, 1995. 2. The plaintiff, Diana L. Maiman, and the defendant, Jason C. Gift, shall have partial custody of the child at times mutually agreed upon by the parties. 3. This Oder is entered pursuant to an agreement an d Stipulation of the parties. The parties may modify the provisions of this Order by mutual consent. In absent of mutual consent the farms of this Order shall control. BY THE CO Cc: Diana L. Maiman, pro se Jason C. Gift Austin F. Grogan, Attorney for Defendant Connie Bingman, pro se oa U it. DIANA L. MAIMAN, Plaintiff V. JASON C. GIFT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5063 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY STIPULATION AND NOW, this .2/ 's r day of 2001, the parties, Diana L. Maiman, plaintiff', and Jason Gift, defendant, and the pate al grandmother, Connie Bingman, agree to the following: 1. By this Honorable Court's Order, dated December 27, 1999, the parties were awarded shared legal custody of Anthoni R. Gift, born October 10, 1995;. 2. The plaintiff, Diana Maiman, was given partial custody pursuant to the best interest of the child; 3. The defendant, Jason Gift, was awarded primary physical custody of the child; 4. The child routinely resides with the paternal grandmother, Connie Bingman; 5. Diana Maiman, plaintiff, and Jason Gift, defendant, agree that primary physical and legal custody of the parties minor child, Anthoni R. Gift, born October. 10, 1995, shall be vested with the paternal grandmother, Connie Bingman. NVHEREFORE, the parties, Diana Maiman, Jason Gift, and Connie Bingman; respectfully requests this Honorable Court to award primary physical and legal custody to the paternal grandmother, Connie Bingman, and award partial custody to the natural parents, Jason Gift and Diana Maiman, as the parties may agree. WITNESS DIANA MAIMAN WITNESS JA ON GIFT > WITNESS CONNIE BINGMAN -'tiny'>N CERTIFICATE OF SERVICE On this 136i day of March, 2008, I certify that a copy of the foregoing PETITION TO MODIFY CUSTODY was served upon the following counsel of record for the Defendants by placing the same in the United States mail, first class, addressed as follows: Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 Brian . Zellner, Esquire Hynum Law 315 Bridge Street, Lower Level New Cumberland, PA 17070 in? Q ? 4 r? DIANA L. MAIMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 1999-5063 CIVIL ACTION LAW JASON C. GIFT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 20, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 17, 2008 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2 'BlJ'?" moo- or £' ? f'P"N 4'p 30' OZ°- F' 4W-t"J 8oo?F' ?? /raw ll 1 3 '? t ?' Rtj DIANA L. MAIMAN Plaintiff VS. JASON C. GIFT Defendant 3 TAY 2 3 "IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5063 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of A !?7± , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother shall initiate therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to reestablish the relationship between the Mother and the Child and improve communication. The Father shall participate in the counseling to the extent of providing his perspective to the counselor concerning conflicts which have arisen in the family and as otherwise recommended by the counselor. The parties shall follow the recommendations of the counselor with regard to the Child's participation in the counseling separately and in joint sessions with the Mother. The Mother shall be responsible to pay any costs of the counseling which are not covered by insurance for her individual sessions and joint/separate sessions with the Child. The Father shall be responsible to pay any costs of counseling which are not covered by insurance for his individual sessions. 2. The parties and their counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Monday, September 8, 2008 at 9:00 a.m. for the purpose of addressing the Mother's request for modification of the custody arrangements following participation in the counseling required by this Order. B E COUR , Edward E. Guido cc: '?rian K. Zellner, Esquire - Counsel for Mother J. Paul Helvy, Esquire - Counsel for Father J. s?a4(o8 9S :7, Hd HW Sool, 0 DIANA L. MAIMAN Plaintiff vs. JASON C. GIFT Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5063 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anthoni R. Gift October 10, 1995 Father/ Paternal Grandmother 2. A custody conciliation conference was held on May 15, 2008, with the following individuals in attendance: the Mother, Diana L. Maiman, with her counsel, Brian K. Zellner, Esquire, and the Father, Jason C. Gift, with his counsel, J. Paul Helvy, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator DIANA L. MAIMAN Plaintiff vs. JASON C. GIFT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5063 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ?? 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall continue participation in the therapeutic family counseling under the same arrangements as provided in the prior Order of this Court dated May, 2008. The parties shall follow all recommendations provided by the counselor regarding initiating, maintaining and expanding the contact/periods of custody for the Mother and the Child. Recommended contacts for periods of custody shall be scheduled at the time of the counseling session to ensure that the scheduling is handled in a prompt and cooperative manner. The parties shall request that the counselor address the concerns raised by the Mother with regard to the Father's support and encouragement for the Child's reunification with the Mother. 2. Within ninety (90) days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. z-u:- cc: K. Zellner, Esquire - Counsel for Mother . Paul Helvy, Esquire - Counsel for Father p j?" m? t VNVAIASNN3d 1- enno 3 Q :1 Wd 91 AS 8682 AbVlQWAlQ d ?Hi ?O 30 L-140-wil DIANA L. MAIMAN Plaintiff vs. JASON C. GIFT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5063 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anthoni R. Gift October 10, 1995 Father/ Paternal Grandmother 2. A custody conciliation conference was held on September 8, 2008, with the following individuals in attendance: the Mother, Diana L. Maiman, with her counsel, Brian K. Zellner, Esquire, and the Father, Jason C. Gift, with his counsel, J. Paul Helvy, Esquire and Lynnore Seaton.. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator