HomeMy WebLinkAbout03-4283SHERRI S. TANNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 03- y)- 83 CIVIL TERM
WILLIAM D. TANNER,
Defendant : CUSTODY
NOTICE TO DEFENDANT
YOU MAY TAKE THIS COMPLAINT TO A 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 OR (800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
Pease 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.
SHERRI S. TANNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 03- (l 13 3 CIVIL TERM
WILLIAM D. TANNER,
Defendant CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Sherri S. Tanner, hereinafter referred to as the mother, residing at
245 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania.
2. The defendant is William D. Tanner, hereinafter referred to as the father, residing
at 571 Conodoguinet Avenue, Carlisle, Cumberland County, Pennsylvania.
3. The plaintiff seeks custody of the following children:
Name Present Residence Age
Kaitlyn Tanner 245 Plaza Drive 12/22/92
Boiling Springs, Pennsylvania.
Michael Tanner 245 Plaza Drive 03/25/96
Carlisle, Pennsylvania.
The children, Kaitlyn and Michael Tanner were not born out of wedlock.
The children resided with the mother at 245 Plaza Drive, Boiling Springs, Cumberland
County, Pennsylvania until August 29, 2003.
During the children's lifetime, they have resided with the following persons and at the
following addresses:
Name Address Date
William D. Tanner
unknown to Plaintiff, possibly in
Eldred, Pennsylvania
August 29, 2003
Sherri S. Tanner
245 Plaza Drive
Boiling Springs, Pennsylvania
July 2003 to
August 29, 2003
Sherri S. Tanner 571 Conodoguinet Avenue December 1992 to
William D. Tanner Carlisle, Pennsylvania. July 2003
The mother of the children is Sherri S. Tanner, residing at 245 Plaza Drive, Boiling
Springs, Cumberland County, Pennsylvania.
She is married.
The father of the children is William D. Tanner, residing at 571 Conodoguinet Avenue,
Carlisle, Cumberland County, Pennsylvania.
He is married.
4. The relationship of plaintiff to the children is that of mother.
The plaintiff resided with the children, Kaitlyn and Michael Tanner until August 29, 2003
when the father removed the children from their mother's custody and from Cumberland County,
refusing to return them.
5. The relationship of defendant to the children is that of father.
The defendant currently does not reside with anyone in his home in Carlisle.
6. The plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
7. The plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth.
8. The mother believes that it is in the children's best interest to remain in her primary
custody since she has been the children's primary caregiver and can continue to provide for
them. Furthermore, she is the parent who can best facilitate contact between the children and the
other parent.
9. The father has not acted in the children's best interest for reasons including the
following:
a. The parties had signed a consent agreement in late August 2003 for purposes
of establishing a custody schedule and intended that it be filed with the Court.
b. Prior to the consent agreement being filed with this Court, the father took the
children for a weekend visit, removing them from Cumberland County, from
the school they had begun on August 25, 2003 and from the custody of their
mother where they had been since July 2003, and he refuses to return the
children to the mother, despite his expressed agreement that the mother have
primary physical custody.
c. The father has told his family members not to reveal the whereabouts of the
children to the mother.
WHEREFORE, the plaintiff requests this Court to grant her primary physical custody and
shared legal custody of the children subject to partial custody by the father at times agreed upon.
Plaintiff further requests that the father be ordered not to remove the children from Cumberland
County or this Court's jurisdiction. Plaintiff further requests any other relief that is just and
proper.
Respectfully submitted,
Carey
Attorney for Plaintiff
Mid Penn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
The above-named Plaintiff, Sherri S. Tanner, verifies that the statements made in the
above Complaint are true and correct. Plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities.
Date: 5'-'y-o 3
stiff
SHERRI S. TANNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
V5.
WILLIAM D. TANNER,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03- 4 a 33 CIVIL TERM
CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Sherri S. Tanner, Plaintiff, to proceed in forma au eris.
I, Joan Carey, attorney for the party proceeding in forma au eris, certify that I believe
the party is unable to pay the costs and that I am providing free legal services to the party.
v
Carey
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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SHERRI S. TANNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
VS.
No. 03- yd i3CtviL TERM
WILLIAM D. TANNER,
Defendant IN CUSTODY
PETITION FOR SPECIAL RELIEF
Petitioner, Sherri Tanner, by and through her counsel, Joan Carey and Jessica Diamondstone
of MidPenn Legal Services, states the following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who resides at
245 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007.
2. Respondent is the above-named Defendant, hereinafter referred to as the father, who resides
at 571 Conodoguinet Avenue, Carlisle, Cumberland County, PA 17013.
3. The above-named parties are the natural parents of Kaitlyn Tanner, bom December 22, 1992
and Michael Tanner, bom March 25, 1996.
4. By mutual agreement the mother and father signed a consent agreement to establish custody
of the children and intended to submit such agreement to the Court for entry of a custody
order. The parties agreed to share legal custody and further agreed that the father would have
physical custody from Thursday through Monday on alternate weekends and at other times
that were mutually agreeable. The mother would have physical custody of the children at all
other times. Each parent would have two full weeks of custody during the summer and the
parents would establish an agreement for sharing custody during the holidays.
5. The father is not acting in the children's best interest for reasons including, but not limited to,
the following:
a. Prior to the entry of the custody order that was based on the consent agreement, the
father took the children for a weekend visitation and left for Eldred, Pennsylvania,
where his family lives.
b. The father had agreed that the children would be returned to the mother on Monday
evening because the children are enrolled in, and have started classes in the Boiling
Springs School District.
c. When the mother contacted the father at 11:00 p.m. on Monday, September 1, 2003
to ask when the children would be returning, the father indicated that he would not
bring the children back.
d. The children were not returned to the mother and have not returned to school.
e. The mother believes that the father has requested that his family members in Eldred,
Pennsylvania, not inform the mother as to the location of her children, and the
father's family members refuse to accept the mother's phone calls or answer any
questions as to the location of her children, telling her that she will be charged with
harassment if she calls them.
f. The mother had to call the local police at the Kane Police Station to confirm that her
children were, in fact, in Eldred, Pennsylvania as of Monday morning, September 2,
2003.
g. The mother fears that the father intends to remove the children from the Carlisle area
and move them permanently to the Eldred, Pennsylvania area.
6. The mother is the parent who can best provide for the children for reasons including, but not
limited to, the following:
a. The mother is presently able to provide for the children by giving them a nurturing
environment and providing for their emotional, physical, medical and educational
needs.
b. The children are registered and have begun classes in the Boiling Springs District on
August 25, 2003. Kaitlyn Tanner is enrolled in the sixth grade and Michael Tanner
is enrolled in the second grade.
c. The mother has a stable job and can provide a stable home environment for this
child.
7. The mother requests that the Court grant primary physical and shared legal custody of the
children to her and prohibit the father from taking the children out of Cumberland County,
Pennsylvania.
8. Without this Court's intervention, the children are at risk of being harmed from being denied
contact with their mother.
9. Plaintiff is not aware that the father has legal counsel and, therefore, cannot attempt to contact
her/him to obtain a concurrence for the relief requested.
WHEREFORE, Petitioner respectfully requests the following:
a. That the Court immediately grant primary custody to the mother.
b. That the Court prohibit the father from removing the children from Cumberland
County, Pennsylvania.
c. Order the father to return the children to the mother immediately so that the children
can return to school.
Petitioner also requests any other relief this court deems just and proper.
Respectfully submitted,
Carey
Jessica Diamondstone
Attorneys for Plaintiff/ Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
VERIFICATION
The above-named Plaintiff, Sherri S. Tanner, verifies that the statements made in
the above Petition are true and correct. Plaintiff understands that false statements
herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Date: ?D 3 ?a/l?/ri
Sherri S. Tanner, Plaintiff
SHERRI S. TANNER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM D. TANNER,
DEFENDANT'
03-4283 CIVIL TERM
ORDER OF COURT
AND NOW, this 2 y day of September, 2003, upon the within
petition for special relief, IT IS ORDERED:
(1) Pending further order of court, the custody of Kaitlyn Tanner, born December
22, 1992 and Michael Tanner, born March 25, 1996, shall be pursuant to the terms of
the parties' agreement executed on April 25, 2003, and made a court order on
September 2, 2003.
(2) The father shall within three hours of service of this order return the children
to their mother pursuant to the terms of that agreement and the children shall attend
school from the mother's residence.
(3) The mother's complaint for custody is referred to conciliation.
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Sherri S. Tanner, : In the Court of Common Pleas of
Plaintiff
William D. Tanner,
VS.
Defendant : Custody
Cumberland County, Pennsylvania
No. 03- LIJ U Civil Term
CUSTODY ORDER
AND NOW, this 2*VA day of003, the following Order is entered by
consent of the parties with regard to custody of the parties' children, Kaitlyn Tanner, born
12/22/92 and Michael Tanner, born 03/25/96:
1. The plaintiff, Sherri S. Tanner, hereinafter referred to as the mother, and the
defendant, William D. Tanner, hereinafter referred to as the father, shall share
legal custody.
2. Physical custody shall be as follows:
a. The father shall have the children from Thursday through Monday on
alternate weeks and at other times to be mutually agreed.
b. The mother shall have the children at all other times.
c. The mother and the father shall be entitled to two uninterrupted weeks of
custody each summer.
d. The mother and the father shall share holidays at times to be mutually agreed.
Neither party shall do anything which may estrange the children from the other
parent, or injure the opinion of the children as to the other parent or which may hamper the free
and natural development of the children's love or respect for the other
By thCour
, Judge
VINVAU,S* 3d
This Order is entered pursuant to the consent of Plaintiff and Defendant:
Sherri S. Tanner, Plaintiff
jl-Carey, Attorney f Plaintiff
MidPenn Legal Services
8 Irvine Row, Carlisle, PA 17013
William D. Tanner, Defendant Pro Se
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this, the d?L day of April, 2003, before, the undersigned officer, appeared SHERRI
S. TANNER, known to me (or satisfactorily proven) to be the same person whose name is
subscribed to the within instrument, and acknowledged that he executed this agreement for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand tidAficial seal.
NOTARIAL. SEAL
Cynthia L. Oar:_ Notary Public
South Middleton Trap un-y of Cumberland
Noy Cn:nmts Aug. 14, 2004
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
Itk
On this, the o75. day of April, 2003, before, the undersigned officer, appeared
WILLIAM D. TANNER, known to me (or satisfactorily proven) to be the same person whose
name is subscribed to the within instrument, and acknowledged that he executed this agreement
for the purposes therein contained.
IN WITNESS WHEREOF, I hereu
NO x(i6i?,l. SEAL
Cynthia L. Carr. Notary Public
South Middleton Swp_ County of Cumberland
toy < o mr'9io;' oss A,,, 14. 200 :
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SHERRY S. TANNER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 03-4283 CIVIL ACTION LAW
WILLIAM D. TANNER IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday October 09, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor Cumberland County Courthouse, Carlisle on Thursday, October 16, 2003 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and 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/ Hubert K Srilroy. FEsq. ----
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) 249-3 166
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NOV 0 3 2003 a
SHERRY S.
WILLIAM D.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
TAN ER, NO.2003 - 4283 CIVIL
Defen ant IN CUSTODY
COURT ORDER
AND NOW, this 4?ay of ova? , 2003, upon consideration
of the attached Cust y Conciliation Report, it is ordered and directed as follows:
1. This +urt's prior order of September 2, 2003 which incorporated a
stipulation between the parties is vacated.
2. The Fher, William D. Tanner, and the Mother, Sherry S. Tanner, shall
enjoy spared legal custody of Kaitlyn Tanner, born December 22, 1992; and
Micha Tanner, born March 25, 19%.
3. Physic4l custody shall be handled as follows:
A. Father shall have custody of the minor children on alternating
eekends from Friday at 4:30 p.m. until Sunday at 7:00 p.m. During
he weekends Father has custody and in the event he has to work or is
therwise unable to care for the minor children, Father shall first offer
o Mother the opportunity to provide care for the children. In the
vent Mother is unable or unwilling to provide care at that time, it
hall be the Father's responsibility to provide care for the children.
B. other shall have custody of the minor children at all other times
xcept as set forth below.
C. en Mother has custody and in the event Mother has to work or is
therwise unable to care for the minor children, Mother shall first
ffer to Father the opportunity to provide care for the children. In the
ent Father is unable or unwilling to provide care at that time, it shall
e the Mother's responsibility to provide care for the children.
4. Each p4rty shall have two uninterrupted weeks of custody with the minor
childre during the summer.
5. The pa?ties shall share holidays at times as they mutually agree.
6. Neither party shall do anything which may estrange the children from the
other rent or injure the opinion of the children as to the parent or which
may h per the free and natural development of the children's love and
respect for the other parent.
7. This o er is a temporary order entered in an effort to determine if the parties
can wok through a flexible custody schedule on their own without the court
being i volved in micromanaging a specific day by day custodial arrangement.
The pa -ties shall meet again with the conciliator on Friday, January 16, 2003
at 8:30 a.m. In the event the parties work out a permanent order or agree
that the scheduled custody conciliation conference is not necessary, the parties
may so notify the conciliator.
8. Both p "es may enjoy reasonable telephone contact with the minor children
when t ey are in the custody of the other parent.
9. In the vent either parent takes the children away from their home for any
overni t family visit, vacation or otherwise, the custodial parent shall notify
the oth r parent as to where the children will be, the names of the individuals
the chi ren will be visiting and shall also provide the non-custodial parent
with a hone number with respect to where the children may be reached.
10. The pa ies may modify this schedule as they agree. This provision means
that th parties may provide custody of the minor children to each other
under verbal agreement that may be contrary to the terms of this order.
However, in the event of a dispute arising between the parties, the terms of
this or r shall control.
cc: Jessica
William D. '
571 Conodo;
Carlisle, PA
me, Esquire
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SHERRY S. T
v
WILLIAM D.
Prior Judge: Edgar B? Bayley
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2003 - 4283 CIVIL
IN CUSTODY
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as ollows:
2.
3.
Kaitlyn Tanner, born December 22, 1992; and Michael Tanner, born March 25,
1996.
A Conciliatio# Conference was held on October 16, 2003, with the following
individuals in ttendance:
The Mother, henry S. Tanner, with her counsel, Jessica Diamondstone, Esquire;
and the Fathe , William D. Tanner, who appeared without counsel.
Based upon
conciliator i
/G . 03
DA
discussions the conciliator had with the parties and their counsel, the
mmends the entry of an order in the form as attached.
O?/ u
Hubert X. Gilroy,
Custody Concilio
IN THE MATTER q
ADITYA
DEEPAK
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-4275 CIVIL
ORDER OF COURT
AND NOV
for Change of Ni
rescheduled untl
# 5 of the Cumt
The Petiti
the date of the I
this County, one
notices in this C
The Petit
and the date of
will be affected
this 31 day of NOVEMBER, 2003, the hearing on the Petition
scheduled for November 26, 2003, at 8:30 a.m. has been
FRIDAY FEBRUARY 27, 2004, at 8:30 a.m. in Courtroom
County Courthouse, Carlisle, Pa. 17013.
r is directed to give notice of the filing of the petition and of
ring by publication in two newspapers of general circulation in
which may be the official paper for the publication of legal
is further directed to give notice of the filing of the petition
hearing to any non-petitioning parent of a child whose name
First Class Mail.
Edward E. Guido, 3.
Deepak K.
6113 Walll
,?u, p ?i- o y a 7
I Way
Pa 17050
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31-?i 30
,lAl? Q 2004
SHERRY S. TANNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
WILLIAM D. TANNER, NO. 2003 - 4283 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this J2?day of January, 2004, upon consideration of the attached
Custody Conciliation report, it is ordered and directed that this courts prior order of
November 3, 2003 is ratified and confirmed subject to the modifications set forth below:
1. Paragraph 3.C of the November 3, 2003 order is clarified such that mother's
obligation to contact father to care for the children when the mother is unable
to take care of the children shall apply only when mother is unavailable for
more than 2 hours. Additionally, in the event father is unable to commit to
care for the minor children when the mother contacts him in these situations,
mother shall have the option of proceeding with retaining a babysitter.
2. In the event father's work schedule is modified such that he has weekday
evenings off work, father shall have visitation with the children at a minimum
of one evening per week. Absent an agreement between the parties, the evening
shall be Wednesday evening with the time frame being from 4:30 p.m. until
7:30 p.m. The parties may modify this date or timeframe as they agree.
BY CO Woo? \
Judge Edgar B. Bayley, Jr.
cc: /Jessica Diamondstone, Esquire
/William D. Tanner
571 Conodoguinet Avenue
Carlisle, PA 17013
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JAN 2 0 2004
SHERRY S TANNER,
Plaintiff
v
WILLIAM D. TANNER,
Defendant
Prior Judge: Edgar B. Bayley, Jr.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO.2003-4283 CIVIL
: IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Kaitlyn Tanner, born December 22, 1992; and Michael Tanner, born March 25,
19%.
2. A Conciliation Conference was held on January 16, 2004, with the following
individuals in attendance:
The mother, Sherry S. Tanner, with her attorney, Jessica Diamondstone, and the
father William D. Tanner, who appeared without council.
3. Base upon the discussions the conciliator had with the parties, the conciliator
recommends an order in the form as attached.
/ 0
DATE
C/?/9
Hubert X. Gilroy, Esquire
Custody Conciliato
SHERI S. TANNER,
Plaintiff
V.
WILLIAM D. TANNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2003-4283 - IN CUSTODY
CIVIL ACTION - LAW
PETITION TO WITHDRAW AS COUNSEL
AND NOW, this ?A" `day of August, 2006, comes the Petitioner, ABOM &
KUTULAKIS, L.L.P., by Kara W. Haggerty, Esquire, and files this Petition to Withdraw As
Counsel, and represents as follows:
1. Petitioner is Kara W. Haggerty, Esquire, attorney for Defendant, with offices at
36 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Respondents are the Defendant, William D. Tanner, residing at 571
Conodoguinet Avenue, Pennsylvania 17013, and the Plaintiff, Sheri S. Tanner, whose attorney of
record is Harold S. Irwin, III, Esquire, 64 South Pitt Street, Carlisle, Pennsylvania, 17013.
3. Petitioner was retained on or about March 4, 2004, to represent Defendant in the
above-captioned actions.
4. The parties are presently engaged in a custody proceeding, as well as a
divorce/property settlement action.
5. Petitioner drafted various pleadings in relation to the above-referenced legal
matters, as well as attended various conferences on Defendant's behalf, and engaged in
correspondence with the Defendant.
6. The Defendant has not paid Petitioner in full for services rendered by her law firm
to date. Although Petitioner, by and through the partners of the law firm, have attempted to
correspond with Defendant about his account and additional proceedings, those efforts have been
unsuccessful.
8. Petitioner believes and therefore avers that Defendant has adequate time to find
substitute counsel and that neither party will be prejudiced should the court grant Petitioner's
request herein
WHEREFORE, Petitioner respectfully requests This Honorable Court enter a Rule upon
the Respondents to show cause why Petitioner should not be permitted to withdraw from this
case as counsel for Defendant.
Date: WOOI-J
Respectfully Submitted,
ABOM & KuTULAKIS, L. L. P.
'?nzu?.Nzaau }?
Kara W. Haggerty, ire
Attorney ID #8691M
36 South Hanover Street
Carlisle, Pennsylvania 17013
Petitioner
CERTIFICATE OF SERVICE
AND NOW, this 4 day of 2006, I, Kara W. Haggerty, Esquire, of
Abom & Kutulakis, L.L.P, hereby certify tha did serve a true and correct copy of the foregoing
Petition to Withdraw as Counsel, upon the Defendant and Plaintiffs Counsel by depositing, or
causing to be deposited, same in the United States Mail, First-class mail, postage prepaid
addressed to the following:
Via Certified Mail - Return Receipt Requested:
William D. Tanner
571 Conodoguinet Avenue
Pennsylvania 17013
Via regular mail:
Harold S. Irwin, III, Esquire
64 South Pitt Street
Carlisle, Pennsylvania, 17013
Kara W. Haggerty,
VERIFICATION
I, Kara W. Haggerty, Esquire, verify that the statements made in foregoing Petition to
Withdraw as Counsel are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904
relating to unworn falsification to authorities.
DATE D? D?O
Kara W. Haggerty,
Attorney ID #8691
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SHERI S. TANNER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PA
V. : NO. 2003-4283 - IN CUSTODY
WILLIAM D. TANNER, CIVIL ACTION - LAW
Defendant
ORDER OF COURT
AND NOW, this 1?v day of 0&4 Wt- 2006, upon petition of
Kara W. Haggerty, Esquire, a Rule is hereby issued upon the parties to show cause why the Law
Offices of Abom & Kutulakis, L.L.P., should not be permitted to withdraw as counsel for
Defendant.
Rule returnable r( days after the date of service of this Order. Service to be by
certified mail upon Defendant, and regular mail upon Plaintiff s Counsel.
Distribution:
Kara W. Haggerty, Esquire
Harold S. Irwin, III, Esquire
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Jason M. Weinstock, Esquire
Pa. I.D. No. 69272
IRA H. WEINSTOCK, P.C.
800 North Second Street
Harrisburg, PA 17102
Telephone: 717-238-1657
Fax: 717-238-6691
Attorney for:
DEFENDANT/PETITIONER
SHERRI S. TANNER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiff/Respondent, :
vs.
WILLIAM D. TANNER,
Defendant/Petitioner. :
NO. 2003-4283
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW, the Petitioner, William D. Tanner, by and through his attorney, Jason M.
Weinstock, Esquire, respectfully submits this Petition to Modify Custody Order for primary
physical and legal custody and, in support thereof, avers the following:
1. The Petitioner/Father is William D. Tanner, an adult individual residing at 23
South Third Street, Newport, Perry County, Pennsylvania 17074.
2. The Respondent/Mother is Sherri S. Tanner, an adult individual residing at 1050
Forge Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Petitioner seeks custody of the following children:
NAME PRESENT RESIDENCE DATE OF BIRTH
Kaitlyn Tanner 1050 Forge Road 12/22/1992
Carlisle, Pennsylvania 17013
Michael Tanner 1050 Forge Road 03/25/1996
Carlisle, Pennsylvania 17013
4. The subject children were born in wedlock.
5. The Respondent is the Mother of the children and the Petitioner/Father and
Respondent/Mother are currently divorced.
6. Since the separation of the parties in 2002, the minor children have resided with
Petitioner/Father with periods of partial physical custody exercised by various Court Orders.
7. Petitioner/Father has participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in the Court of Common Pleas of
Cumberland County docketed at No. 2003-4283 (Civil-In Custody).
8. Petitioner/Father does not have any information of any custody proceeding
concerning the children pending in any other court in this Commonwealth. There was a prior
proceeding as outlined in Paragraph 7 above.
9. Petitioner/Father does not know of any person, not a party to the proceedings, that
has physical custody of the children or claims to have custody or visitation rights with respect to
the children.
10. The best interest and permanent welfare of the children will be best served by
granting primary physical and legal custody to the Petitioner for the following reasons:
(a) Petitioner/Father believes that Respondent/Mother cannot provide a stable
home environment nor has she attempted to provide a stable home
environment for the minor children;
(b) Petitioner/Father believes that his son desires to live with him; and
(c) It is believed and, therefore, averred that Respondent/Mother has engaged
in various acts of conduct while exercising custody of the children which
place the children's well-being in danger.
2
11. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this action.
WHEREFORE, Petitioner respectfully requests that this Honorable Court grant him
primary physical and legal custody of the children.
Dated:
Respectfully submitted,
IRA H. WEINSTOCK-, P.C.
800 North Second Street
Harrisburg, PA 17012
Telephone: (717) 238-1657
By:
3
M. WEINSTOCK
Court I.D. # 69272
VERIFICATION
i verify that the statements made in this PETITION TO MODIFY 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: /? - - WILLIAM D. TANNER, Petitioner
CERTIFICATE OF SERVICE
AND NOW, this r- day of 200, I, Jason M.
Weinstock, Esquire, attorney for the Petitioner, William D. Tanner, hereby certify that I served
the within PETITION TO MODIFY this day by depositing the same in the United States mail,
postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to:
By First Class Mail:
Sherri S. Tanner
1050 Forge Road
Carlisle, Pennsylvania 17013
By: v"'-
JASON M. WEINSTOCK
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SHERRI S. TANNER
PLAINTIFF
V.
WILLIAM D. TANNER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2003-4283 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, December 11, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January 09, 2009 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/ Hubert X. Gilroy Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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F:\FILES\Clients\13223 Tanner\13223.1.pra
Revised: 12/22/08 10:33AM
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
SHERRI S. TANNER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 03-4283 - CIVIL ACTION LAW
WILLIAM D. TANNER,
Defendant IN CUSTODY
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON LAW OFFICES on behalf of Plaintiff in the above
matter.
MART N LAW OFFICES
BY
JenniferC Spears, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: December 22, 2008
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same
in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Ira H. Weinstock, P.C.
Suite 100
800 N. Second Street
Harrisburg, PA 17102
MARTSON LAW OFFICES
Y
ricia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: December 22, 2008
r.,
s 1
N 2 3 2009
SHERRY S. TANNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2003-4283 CIVIL ACTION - LAW
WILLIAM D. TANNER,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this R14 day of , 2009, upon
consideration of the attached Custody Conci ation Rep t, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. ?% , of the Cumberland
County Court House, on the tc-6k day of 2009, at ? : q!5
o'clock, _A. M., at which time testimony will bet en. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the prior
Orders of Court dated November 3, 2003 and January 22, 2004 shall remain in full force
and effect with the following additions.
3. Father may contact Mother before Mother's custodial weekend and
inquire if the family or Michael has any plans. If there are no activities planned, Father
may have physical custody of Michael for an additional weekend at times agreed to by
the parties.
4. Father shall have three non-consecutive weeks in the summer, one week in
June, one week in July and one week in August. Father shall give notice to Mother of
which weeks he has selected by April I" of each year, so Mother can plan summer camps
for Michael.
5. Neither party may consume alcohol to the point of intoxication or illegal
drugs immediately prior to or during their periods of physical custody.
6. The parties shall have liberal telephone contact with the children.
7. 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: J on M. Weinstock, Esquire, counsel for Father
ennifer Spears, Esquire, counsel for Mother
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SHERRY S. TANNER,
Plaintiff
V.
WILLIAM D. TANNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003-4283 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Edgar B. Bayley, P.J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kaitlyn Tanner December 22, 1992 Mother
Michael Tanner March 25, 1996 Mother
2. A Conciliation Conference was held January 22, 2009 with the following
individuals in attendance: The Father, William D. Tanner, with his counsel by telephone,
Jason M. Weinstock, Esquire, and the Mother, Sherry S. Tanner, with her counsel,
Jennifer Spears, Esquire.
3. The Honorable President Judge Edgar B. Bayley previously entered
Orders of Court dated November 3, 2003 and January 22, 2004 providing for shared legal
custody, Mother having primary physical custody and Father having alternating
weekends, Friday to Sunday and every Wednesday overnight.
4. Father's position on custody is as follows: Father seeks shared legal and
primary physical custody of Michael. Father is willing to wait until summer 2009 for the
child to transition to his home, realizing that his son should finish the current school year
in his current school. Father asserts that his son has expressed a preference to live with
Father. Father also asserts that Mother has put the child at risk on occasion.
5. Mother's position on custody is as follows: Mother seeks to maintain the
status quo. She objects to Father's request for primary physical custody of Michael. She
asserts that Father does not take advantage of his Wednesday evenings now and that he
rarely sees the parties' daughter. Mother maintains that she has offered more time to
Father, but that he has declined the additional weekend time, citing the travel distance.
Mother is willing to have Father contact her on the off weekend to determine whether
Michael and the family have other plans. If there are no plans, Michael could spend
additional time with Father. Mother is also willing for Father to have three weeks in the
summer. Finally Mother asserts that she spends three hours a night assisting Michael
with his homework and she does not believe Father would be as conscientious regarding
Michael's education.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and increasing Father's periods of partial physical custody as Mother
suggested. It is expected that the Hearing will require one-half day.
Date acq ine M. Verney, Esquire
Custody Conciliator
a
SHERRI TANNER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM TANNER, ;
DEFENDANT 03-4283 CIVIL TERM
ORDER OF COURT
AND NOW, this -7 A, day of May, 2009, following a hearing on the
merits, IT IS ORDERED THAT:
(1) Those parts of the custody orders of November 3, 2003 and January 22,
2004 that relate to the physical custody of Michael Tanner, born March 25, 1996, are
vacated and replaced with this order.
(2) Sherri S. Tanner shall have primary physical custody of Michael.
(3) William D. Tanner shall have temporary physical custody of Michael as
follows:
(a) During the school year, every other weekend from after school
on Friday until Sunday at 7:30 p.m., and on each Wednesday from after
school until 7:30 p.m.
(b) During each summer school vacation period, starting on the
first Sunday after school ends, for two weeks, then one week off, this two
week on one week off schedule continuing until the last Sunday before the
next school year begins.' All exchanges shall be on Sundays at noon.
(4) The parents shall share holidays at times as they mutually agree.
` For the summer of 2009, the father's first two week period will be from June 7 to
June 21, then from June 28 to July 12, July 19 to August 2, and August 9 to
August 23.
By
Edgar B. Bayley, J.
vJ'e'nnifer Spears, Esquire
For Sherri Tanner
Xson Weinstock, Esquire
For William Tanner
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SHERRI S. TANNER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF C-)
CUMBERLAND COUNTY, PENNSYLVANg
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2003-4283 CIVIL ACTION LAW rn
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WILLIAM D. TANNER CD
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DEFENDANT C=?
ORDER OF COURT
AND NOW, Wednesday, July 18, 2012 , upon consideration of the attached. Complai it,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 09, 2012 _ at
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in di
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to
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
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
1
By: /s/ Hubert X. Gilroy, Es q. 14
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Ame
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 arrangem
must be made at least 72 hours prior to any hearing or business before the court. You must attend the sche
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
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iliator,
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WILLIAM D. TANNER,
Plaintiff
v
SHERRI S. AUCKER (formerly Tanner),
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAI
2003-4283 CNIL ACTION -LAW
IN CUSTODY
PRIOR JUDGE: Edward E. Guido/Edgar B. Bayley
COURT ORDER
AND NOW, this /~~day of August, 2012, upon consideration of the attached
Conciliation Report, it is ordered and directed as follows:
1. The father, William D. Tanner, and the mother, Sherri S. Aucker (formerly
shall enjoy shared legal custody of Michael J. Tanner, born March 25,:..1996.
2. The father shall enjoy primary physical custody of the minor child.
3. The mother shall enjoy periods of partial physical custody of the minor child at
times as the parties agree.
4. It is noted that this Order is entered based upon the recommendation of a c~
conciliator and that the mother was not in attendance at the conciliation confe
In the event the mother desires to modify this Order, the mother may peltition the
to have the case again referred to the Custody Conciliator for a conference.
5. This Order shall supercede any prior Order of Court entered in this mutter.
No party shall be permitted to relocate the residence of the child where said relocation ill
significantly impair the ability to exercise custody unless every individual who has Gusto ial
rights to the child consents to the proposed relocation or the court approves the propo ed
relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337.
BY COUR ,
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SHERRI S. AUCKER (formerly Tanner), IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVAl
v 2003-4283 CIVIL ACTION -LAW
WILLIAM D. TANNER,
Defendant 1N CUSTODY
PRIOR JUDGE: Edward E. Guido/Edgar B. Bayley
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF C
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Michael J. Tanner, March 25, 1996.
2. A Conciliation Conference was held on August 9, 2012, with the followf ng i
in attendance:
3.
The father, William D. Tanner, who appeared without counsel. The mother, She ' S.
Aucker (formerly Tanner) did not appear. Mr. Tanner indicated that 1~e believes e
mother was aware of the conference based upon text messages shy sent to
Additionally, the Conciliator's Office sent out notices to the mother's address an to
the mother's counsel or prior counsel.
Father related that the minor child has been residing with the father since July 7, 20 2.
Father then petitioned to have the support order terminated because he was previou ly
paying support as the mother had primary custody. Father indicated thee. mother agr ed
to have support terminated. Mother has not seen the child since July 7, 2012. B ed
these circumstances, the Conciliator recommends an Order in the form as attache .
Date: Au st 2012 y ~/" ~L
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Hubert X.
Custody C
,Esquire