HomeMy WebLinkAbout99-067400
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY R. HERSHEY and CINDY L. IIERSIII•:1'
171 Chamberli.n Road
Shlppensburg, PA 17257-9713
Plaintiff(s) 8
Address(es)
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Defendant(s) 8
Address(es)
Please issue writ of summons in the above-captioned action.
1 Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff
Clark DeVere, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Names/Address/ Telephon No.
of Attorney
Signature of Attorney
Supreme Court ID No. 68768
Date: November 8, 1999
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN
ACTION AGAINST YOU.
Prdthonotary Date:-, ? 1 9!? t l/J¢<? rn?iA
Deputy
< ) Check here if reverse is issued for additional information
PROTHON. - 55
No. 19 907 -- G Ted 61cjl
Civil Action - (X) Law
( ) Equity
BOROUGH OF SH11'PENSBURG
60 W. Burd Street
1'.O. Box 129
Shippensburg, PA 17257
versus
R
Lo
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06740 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HERSHEY GARY R ET AL
VS.
SHIPPFNSBURG BOROUGH OF
SHANNON SUNDAY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law
says, the within WRIT OF SUMMONS
upon SHIPPENSBURG BOROUGH OF
the
defendant, at 16:25 HOURS, on the 17th day of November
1999 at 60 WEST BURD STREET P O BOX 129
SHIPPENSBURG, PA 17257 CUMBERLAND
County, Pennsylvania, by handing to WILLIAM WOLFE (BOROUGH
MANAGER
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing His attention to the contents thereof.,
Sheriff's Costs: So answers:
Docketing 18.00 r7
Service 13.02 ss'J(?.R" ?/,??
Affidavit .00
Surcharge 8.00 A-Thomas nlin nerier--
$S5=. METZGER, WICKERSHAM
11/10/1999
by
?E" S?" ?rff
epu y neri
Sworn and subscribed to before me
this day of
19? A.D.
ly7ycet ?,? ?,-
---7 ?-o[=nono2
was served
i
GARY R. I ll:RSIIEI' and CINDY 1.
HERSHEY,
Plaintiffs
IN I I11" COURT OF CONINION PLEAS
OF C(JNM RL.AND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
vs.
130R000Ii OP SIiIPPENSBURG. NO. 99-6740 Civil
Defendant JURY TRIAL DE.iMANDED
PLAINTIFFS' PRAECIPE -r0 DISCONTINUF
Kindly mark the above action by Plaintiffs Gary R. and Cindy L. Hershey discontinued.
®i:
Dated: October 25. 2001
MET7_GER, WICKERSHAN1. KNAUSS R ERB, P.C.
ray: L\Os??. C>r?'sz.
Clark DeVere. Esquire
Attorney I.D. No. 68768
-3211 North Front Street
P.O. Box 5300
Ilarrisburg, PA 17110-0300
(717) 238-5187
Attorney for Plaintiffs
CERTIPICATE,,OF SERVICE'
1. Clark DeVere. Esquire, ol'the law firm ol'Metzger. Wickersham, Knauss K lirb, P.C..
hereby certify that I served a true and correct copy of PlaintifTs Praccipe to Discontinue with
reference to the Ibregoing action by first class mail, postage prepaid. this 25th day ol'Octobcr,
2001 on the 116I10wing:
Inservco Insurance Services, Inc.
P.O. Box 3399
Harrisburg. PA 17105-3399
/\ttn: Maureen L. Juarez,
Sr. Claims Representative
Clark DeVere. Esquire
MICHAEL MINAI IAN,
Plain Ii [PRespondant
VS.
I N TI Ili COURT OF COJIAION PLEAS OF
CUMBFIC AND COUNTY PENNSYLVANIA
No. 99-6640 CIvn.TI:BN
IIEATIMR EARLY.
DefcndanUPetitioner
IN CUSrODS'
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Heather Early, Plaintiff, to proceed in forma au kris.
I, Jessica Diamondstonc, attorney for the party proceeding in forma alp Ineris,
certify that 1 believe the party is unable to pay the costs and that I am providing free legal
services to the party.
i
Jessic Diamondstonc
Attorney for Plaintiff
0 MidPenn Legal Services
/ 8 Irvine Row
03 - I g OY Carlisle, PA 17013
(717) 243-9400
r
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CV
C: -
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MICHAEL MINAHAN, : IN Till: COURT OF COMMON PLEAS Of G
VS.
Plainti ff/Respondent
HEATHER F.ARLY,
Defendant/Petitioner
. CUMBERLAND COUN'rY PENNSYLVANIA
No. 99.6640 CIvu.Tiatat
IN CUSTODY
?/ ORDERgOFFICO RT
AND NOW, this /0 day of 146A upon consideration of the Petition for
Contempt and Modification, the following Order is entered:
1. The Respondent is in contempt of the existing May 3, 2002, Court Order.
2. This matter shall be scheduled for a conciliation to establish terms for a modified order
establishing a visitation schedule for PetitionerN;(
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0 B le Court
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1.
Jessica Diamondstone, Attorney at Law
MidPcnn Legal Services
S Irvine Row
Carlisle, PA 17013
Charles Pcuric, Esquire
3523 Brisban Street
Harrisburg, PA 17111
MICIIAEL MINAHAN,
Respondent/Plaintiff
vs.
HEATHER EARLY,
Petitioner/Defendant
IN Ti IC COURTOF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No.99.6(AO CIVILTI:RM
IN CUSTODY
PETITION FOR CON'rEMPT AND MODIFICATION
Petitioner, Heather Early, by and through her counsel, Jessica Diamondstone of
MidPcnn Legal Services, states the following:
1. Petitioner/Defendant, hereinafter referred to as the mother, resides at 120 Dauphin
Street, Enola, Cumberland County, Pennsylvania 17025.
2. Respondent/Plaintiff, hereinafter referred to as the father, resides at 115 Sixth
Street, New Cumberland, Cumberland County, Pennsylvania.
3. The above-named parties are the natural parents of Katlyn Rose Minahan, born
September 26, 1997.
4. The current Custody Order, attached as Exhibit "A" and incorporated herein by
reference, is dated May 3, 2002. The Order, in pertinent part, grants the mother
periods of partial custody on alternating weekends from Friday at 8:00 p.m.
through Sunday at 7:00 p.m.
5. The father has willfully disobeyed the Order in ways including, but not limited, to
the following:
a. Refusing to permit the mother to exercise her periods of partial
custody in accordance with the Court Order.
b. Unilaterally limiting the mother's telephone and physical contact to
the conditions he drafted in Exhibit B. Although the mother signed
Exhibit (3, she was unlawfully and arbitrarily coerced in that her only
alternative was to have no contact with the child.
c. Despite Exhibit 13, the lather has unlawfully denied mother all contact
with the child since December 25, 2003.
6. The father is not acting in the child's best interest for reasons including, but not
limited to, the following:
a. "fhc father has willfully denied the mother both physical and phone
contact with the child in ways set forth in paragraph five of this Petition
For Contempt and Modification.
b. The father is trying to alienate the child from her mother.
The mother is entitled to periods of visitation with the child for reasons including,
but not limited to, the following:
a. The mother has demonstrated her commitment to pursuing a sober and
healthy life and to provide for the child.
b. The mother has been sober for three months.
c. The mother wants to re-enter the child's life gradually and agrees to
periods of visitation without overnights, initially, to re-establish a
relationship with the child and demonstrate her commitment to providing a
safe and nurturing environment for the child.
d. The mother is gainfully employed.
e. The mother is active in AA and NA and attends meetings at least t%vo
times each week.
I Without this Court's intervention, the child is at risk of being harmed from
being denial contact with her mother.
S. "file lather is represented by Attorney Charles Petrie.
9. The mother's counsel has contacted Attorney Petrie, who does not concur with
the relief requested in this Petition.
WHEREFORE, Petitioner respcolblly requests the following:
it. That this Court find the Respondent in contempt of the existing
N1ay 3, 2002 Court Order.
b. "1-hat this matter be scheduled for a conciliation to establish terms
for a modified order establishing a visitation schedule f'or
Pctitioncr.
c. That the Court inmtedimely grant Petitioner periods of visitation
at the YWCA in Harrisburg on Saturdays from 9:00 a.m. until
4:00 p.m., until a conciliation can be schcdulcd and order the
parties to inu'led iately contact the Harrisburg YWCA to
scheduled their orientations and begin the visitation schedule.
d. That the Court order Respondent to allow Petitioner reasonable
telephone contact with the child.
e. Any other relief this court deems just and proper.
Rctfidtbltti <J??
611
.1cssiedDiamondstonc
Attorney for Petitioner/Defendant
MidPenn Legal Services
S Irvine Row
Carlisle, PA 17013
-1
r
MICI IAEL MINAFIAN.
Plaintiff
vs.
I-IEATt-TER EARLY,
Defendant
APR 2 9 ?[Ill? J
IN Tl I E COURT OF COMMON PLEAS
'MUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.: 99-6610 Civil Term
CUS'T'ODY/VISITATION
ORDER
AND NOW, this _,3'"' clay of 2002, LII)OIl conslclel' [1011 Of
the attached Motion and Stipulation, IT IS HEREBY ORDERED AS FOLLOWS:
1. That primary physical custody of KATLYN ROSE MINAI IAN shall be
and remain in her father, MICHAEL \9INAHAN.
2. That the parties shall have shared legal custody.
i. That the mother of the child, HEATHER EARLY, shall have rights of
partial physical custody as follows:
a. Every other weekend from Friday at 5:00 P.M. 1,11161 SL111dav at
7:00 P.M.
1). The parLleS Shall shag; every other holiday, with the times
to be agreed upon by the parties. The holidays shall be New Years Day,
Memorial Day, Independence Day, Lahor Day, 'T'hanksgiving Day, Christmas,
Father's birthday, Mother's birtliclay, and the child's birthday.
4. Mother shall provide all transportation for these periods of partial
CuSt:Ody, including both pick-up and chop-off.
5. Mother shall have a working telephone at all times. Each parent shall
keep the other parent fully informed of telephone numbers and places of
residence where either party resides.
6. Neither parent shall do anything to estrange Katlyn from the other
parent, and both shall encourage the child's relationship with the other parent.
Provisions of this paragraph shall apply equally to any other adult who may
no\v or hereafter co-habit with Father or Mother.
7. Neither parent shall use an}, controlled substances nor consume
alcohol to the point of intoxication while the child is in that parent's custody.
S. This Stipulation may be expanded or modified by mutual agreement
of the parties.
BY THE COURT:
J.
TRUE COPY FROM RECORD
In Testimony whereof, I here unto sat my hand
and the 3sal of said court at Carlisle, Pa.
Tills._ ._ ct day/i of -nlexl,
L 1 ? `71n OA
Prothonotary
I
MICHAEL N11NAI IAN,
Plainiifl'
vs.
HEIATI1ER EARLY
Defendant
IN '1'I II: COURTOR CO\INION PLEAS Ol'
CUNIBE-RLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NC).: 99-6640 Civil Term
CUSTODY/VISI'I'A'r10N
PETITION TO MODIFY CUSTODY ORDER
NOW CONIES the Plaintiff, MICHAEL NIINAHAN, by and through his
attorney, Charles E. Petrie, and respectfully represents as follows:
1 . 'T'hat Plaintiff is MICHAEL MINAHAN, who currently resides at 1059
Nanroc Drive, Mechanicsburg, Counq'of Cunlbcrland, Pell nsylVail ia.
2. That Defendant is HEATHER EARLY, who currently resides at 3312
Paxton Street, Apartment CS, [larrisbut;?, County of Dauphin, Pennsylvania.
3. 'that the parties are the natural parents Of a minor child, KA'I'LYN
ROSE MINAI-IAN, born September- 26, 1997.
4. That on April 7, 2000, the 1-1011017able EdWard E. Guido entered an
Order of Custody granting primary physical custody to Plarnuff and grattting
rights of temporal}, physical custody to Defendant A copy of said Order is
attached hereto.
5. That the parties have reached an agreement concerning custody and
Visitation with respect to the saicl minor child and desire that this court's Order
of April 7, 2000, be amenclecl in accordance With the attached Stipulation.
%VFlERE ORE, Plaintiff requests that YOLII- 1-lonorable Court amend the
Cntll'1'S Order of April 7, 3000, in accorclance with the attachecl Stipulation.
[Respectfully submittal,
CHARLES C. PGTRIG
3525 Brisban SLreet
Harrisburg, Pennsylvania 17111
(717) 561-1939
Attorney for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPI [IN
Upon information and belief, I Verify' that the statements in the foregoing
Petition are true and correct. I unclerstand that false statements herein are
macle subject to the penalties of IS Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
DATE CHARLES E. PETRIE
ATTORNEY FOR PLAINTIFF
IN'I'lil: C'OUR'T' OP COi\d1%ION PLh4S nP CU,\9131iRI.Ai\iD COIIN'fl'. PI:\r\'S1'I-VANIA
C WII. ACTION - LA W
FIICILUs1, iMINA11A,N,
Plaintiff'
HEATHER EARLY,
Defendant
99-6640 Civil'I'crrn
1,A' C'USTOI)Y
CIIS'I'OUl' S"I'f l'lIL:1"1'In,\'
I. The Plainti (laud Defendant (hcrcinalierreforred to as "Parents'") are the natural parents
of a two-year old daughter, Katlyn Rose Minahan (hereinafter referred to as "Katlyn").
2. "rile Parents stipulate that they hoth shall equally share legal custody of Katlyn and sha11
consult and inform one a'lot herconcern ing the major decisions and developments in the child's life
including, but not limited to, decisions on religious upbringing, education, medical treatment,
discipline, and (inure changes of address.
3. The Parents agree that \4ichacl lvlinahan ('Father") shall have prinmary physical custody
of Katlyn; and that Heather Early("N'lother")shall have partial physical custocfyofKad}'n from noon
on Saturday until the following Tuesday at 5:00 p.m. iblother shall provide transportation for the
transfers of custody unless otherwise agreed upon by the Parents.
d. 'rile Parents alrec to share major holidays.
5. Katlyn shcdl spend her birthdays equally with her Father and her Agothcr as agreed upon
by file Parents.
6. iklother's periods ofpartial pIl sic;rl custody shall ronwi? I}nm nnon on Saturday until
w_wmw^a:rt?ssrs?'n ?nr^.1-_Cm.. ?m 0
I Ai?4
6. Neither parent shall do anything to estrange fiatlyn from the
other parent, and hoth shall encourage the child's rehationship with the
nrher parent. Provisions of this paragraph shall apply equally to any
other adult who may now or hereafter co-habit with Father or Mother.
7. Neither parent shall use any controlled substances nor
consume alcohol to the point of intoxication while the child is in that
parent's custody.
8. This Stipulation may be expanded or mociifiecl by tnutual
agreement of the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the clay and year first above written.
WITNESS
ITNESS
MICHAEL MINAHAN
IlE1'fIIGR EARLY
CONTACT ACRI"EMENT
FOR
KATLYN ROSEl'i NAHAN
phone Contact:
• llierc are to not be more thin 2 phone calls per .week.
• Phone calls are to be nlade between 6 pm and S pro Monday through Priclay. Calls can be
nude at any Brie during the day on weekends, but not alter S pm.
• 1,lessages can be left for Katlyn and will be played lui her, provided there is nothing neealive,
or obscenities in the message. II'yuu need to discw;s specifics regarding visits, or' other
concerts, either leavc a separate message, or asl: tar a return call without Ica%ioe specifics for
die reason the call back is needed.
• Do not discuss fult¢e visits on the phone unless the visit has been confirmed (see below).
• Do not mention your other children in the phone calls. Keep the call specific to Katlyn,
unless she brings up one ofthe ulller children.
• Do not contact other mernbers of our family regardin6 Kmlynr, visnation, or to rind out whew
we are ifyuu cannot reach us.
Visits:
• 'There will be a special visit scheduled for Nuvunibef 9, 2003.
• Visits will be scheduled for every other Sunday afternoon starting with November 16, 2003,
for a mininuun of I hour per visit. 1 'Inese visiti will be supe"ised, but we will try to provide
you as little interfcrunce as possible. They will be scheduled Ibr public places.
• At the visits, do not bring up the next visit or when you will see her again.
• Do not mention Robert, Devon or other family inernbcis he is not familiar with.
• Trartspunation to and from the vLits for Katlyn will be provided by ties. You arc respeusible
for your own transportation to and front visits.
• Visits are lobe confirmed the rtitlay before die visit. You will need to call and confirm the
time, place and ),out- ability to keep the visit. After the visit is confirmed, you may discuss it
with Katlym.
• You are not to discuss future plans for visinuioa and/ur custody with Katlyn.
This agreement will apply until at least January, at which time the situation will Inc reevaluated and changes
call be made. Tbis will depend on the effect the visits have on iCatlyrr, and your progress in tine prugranl.
If yotl are asked to leave, or voluntarily leave the current pro,parn without completing the pl'oginnl, all
visits will immediately cease. Phone contact will only continue if you arc respcctlid.
By signing below you are agreeing to the tents of this agreement for visitation and contact with Kadyn
(lose Minahan.
Heather Early Data witness 1--- Date
`J1'innus 3 I.natc
?.rlt9tSt"T'(3'I
Too 'd :adSO:ZO t'0/9T/T0 rGrh51•eE°2T =!7Ll"3n9Ntei
VIiRIPICAIION
'rhe above-maned Plaintiff, Ifeather Early, verifies that the statements made in the above
Petition for Contempt and Modification are true and correct. Plaintiff understands that false
statements herein are made subject to the penalties of IS Pa. C.S. §4904, relating to unsworn
falsification tO authorities.
Date: ?'
Ilcathcr Early, Plaintiff
MICHAEL MINAHAN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99-6640 CIVIL TERM
14EATHEIZ EARLY,
DefcndanUPctilioner CUSTODY
CERTIFICATE OF SERVICE
1, Jessica Diamondstonc, Esquire, of MidPcnn Legal Services, attorney for the
Petitioner, Heather Early, hereby certify that I have served a copy of the foregoing
Petition for Special Relief on the following date and in the manner indicated below:
U.S. First Class Mail Postage Pre-Paid
Charles E. Petrie, Esquire
3528 Brisban Street
Harrisburg, PA 17111
Date: -7' I I • oy
MidPenn Legal Scrviccs, Inc.
i
J ssica Diamondstonc, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
ti:
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