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HomeMy WebLinkAbout07-4135Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JANET L. McNEAL and, IN THE COURT OF COMMON PLEAS MICHAEL F. McNEAL, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. :CIVIL ACTION -CUSTODY BRANDON CRUZ, Defendant NO. ~ 7 _ ~ (3 5 C ~ v~' ( T~~., CUSTODY COMPLAINT 1. The Plaintiffs are Janet L. McNeal and Michael F. McNeal (hereinafter referred to as "Maternal Grandparents"), who currently reside at 1050 Hemlock Lane, Enola, Cumberland County, Pennsylvania 17025. The Plaintiffs are the Maternal Grandparents of the children at issue in this litigation. 2. Standing of the Plaintiffs to bring this action is in accordance with 23 Pa. C.S.A. 5313 (b) in that the Maternal Grandparents have genuine care and concern for the children, their relationship with the children commenced with the consent of the children's mother, and they have assumed the role and responsibilities for the children for periods totaling at least twelve months during the children's mother's illness and death. Also, the Maternal Grandparents have assumed the responsibility for the children since the children's father has never had contact with the children since their birth. The Father had neglected, 1 abandoned or otherwise not been associated with his children due to criminal behavior, mental illness issues, and other disabilities. 3. The Defendant is Brandon Cruz (hereinafter referred to as "Father"), who currently resides at 500 Geneva Drive, G4, Mechanicsburg, Cumberland County, Pennsylvania 17055. Father has never had contact with the children. 4. The Mother of the children is Colleen E. McNeal. Colleen E. McNeal is the daughter of the Plaintiffs who died after a prolonged illness on April 2, 2007. 5. Maternal Grandparents seek an order of legal and sole physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Ariyanna L. McNeal 1050 Hemlock Lane Enola, PA 17025 July 23, 2000 Avery M. McNeal 1050 Hemlock Lane July 23, 2000 Enola, PA 17025 6. The children are presently in the sole custody of the Maternal Grandparents who currently resides at 1050 Hemlock Lane, Enola, Cumberland County, Pennsylvania 17025. 2 7. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS 4/01-3/03 3205 N. 6~' Street, Apt. 3 Harrisburg, PA 3/03-3/04 2144 S. Second Street Steelton, PA 3/04-9/04 1050 Hemlock Lane Enola, PA 10/04-11 /06 4517 D. Florence Ave Mechanicsburg, PA 11 /06-present 1050 Hemlock Lane Enola, PA IN HOUSEHOLD Colleen E. McNeal and children Colleen E. McNeal and children Colleen E. McNeal, children, Petitioners and Stephen P. McNeal Colleen E. McNeal, and children Colleen E. McNeal (until her death on 4/2/07), children, Petitioners and Stephen P. McNeal 8. The Father of the children is Brandon Cruz, currently residing at 500 Geneva Drive, G4, Mechanicsburg, Cumberland County, Pennsylvania. Brandon Cruz has had no physical contact with the children since birth but for one or two visits when they were infants. 3 9. The Mother of the children is Colleen E. McNeal. Mother died on April 2, 2007. 10. The relationship of the Plaintiffs to that of the children is that of Maternal Grandparents. The Plaintiffs currently resides with the following persons: NAME Janet L. McNeal Michael F. McNeal Stephen P. McNeal Ariyanna L. McNeal Avery M. McNeal RELATIONSHIP Maternal Grandmother Maternal Grandfather Children's Uncle Child Child 11. The relationship of the Defendant to the children is Father. The Defendant currently resides with the following persons: NAME Unknown RELATIONSHIP 11. Plaintiffs have 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. 12. Plaintiffs file this action to confirm their custody of the minor children. Previously, Plaintiffs had filed a guardianship proceeding in the Cumberland County Orphan's Court to Docket No. 21-07-0648, wherein they were seeking their appointment as 4 guardians of the minor childrens' persons and estates so as to allow the children to continue in their school, be included on Plaintiffs' health insurance, and otherwise confirm their stability since their Mother's passing. As part of the process, notice was given to the putative Father. Although a complete stranger to the children, Father has attempted to seek intervention by police to take the children from their home. The only thing the children know of their Father has to do with his criminal record. Father has no regard for the psychological or emotional well being of the children. 13. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. 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. 15. The best interest of the minor children will be served by granting the relief requested because the children need to continue in a stable and loving environment, especially as they recover from the death of their Mother. They have a strongly bonded relationship with their Maternal Grandparents and family whom can provide a nurturing 5 environment for their grandchildren. Father has paid no support. Father has a criminal record of violence and abuse which includes charges for assault, disorderly conduct, resisting arrest, receiving stolen property, driving an unregistered vehicle, theft by unlawful taking, criminal conspiracy and criminal mischief. Father had never made any effort to obtain custody of the children during their life while the children's Mother was alive and abandoned the children. Despite all of the above, Father has threatened to take the children from their home since being notified of the filing of the guardianship proceedings. WHEREFORE, the Plaintiffs request the Court to grant Plaintiffs legal and physical custody of the children and grant supervised visitation of the children to Defendant as directed by a mental health provider for the children in the presence of a mental health provider. DATE: July 12, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 6 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JANET L. McNEAL and, IN THE COURT OF COMMON PLEAS MICHAEL F. McNEAL, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. :CIVIL ACTION -CUSTODY BRANDON CRUZ, Defendant NO. VERIFICATION We, Janet L. McNeal and Michael F. McNeal, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. - ~~~ Dated: 1 l ~'- , 2007 Jane cNea ~- Michael F. Mc e ~ ~ ~-~ U ~ bA C .. =--~ ~""(~ y{. ~ ~ .< r.~. ~.~.~ i 'r L_= N ,p p d~ ` ~~} l '~ b ~C r.~ ~:: ~ ~=T .. - D j.:% Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JANET L. McNEAL and, IN THE COURT OF COMMON PLEAS MICHAEL F. McNEAL, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Petitioners v. :CIVIL ACTION -CUSTODY BRANDON CRUZ, Defendant/Respondent NO. 0~ . [.~~ ~j ~j ~ ~ V' ~ L PETITION FOR EMERGENCY RELIEF 1. Petitioners are Plaintiffs, Janet L. McNeal and Michael F. McNeal (hereinafter referred to as "Maternal Grandparents"), who currently reside at 1050 Hemlock Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Brandon Cruz (hereinafter referred to as "Father"), who currently resides at 500 Geneva Drive, G4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Father is believed to be the natural father of two children in the custody of Plaintiffs, being Ariyanna L. McNeal (born July 23, 2000) and Avery M. McNeal (born July 23, 2000}. The children will be seven (7) years old. 1 4. The natural Mother of the children is Colleen E. McNeal, who died on April 2, 2007. 5. The Plaintiffs were the parents of Colleen E. McNeal and are the Maternal Grandparents of the children. 6. The children have resided together with the Maternal Grandparents during various periods of their lives, including March, 2004 to September, 2004, from November, 2006 until Mother's death on April 2, 2007, and for various other shorter time periods while their Mother was hospitalized. From the date of Mother's death on April 2, 2007 to the present, the Maternal Grandparents have continued to stand in loco parentis for the children by assuming obligations incident to a parental relationship. 7. The Maternal Grandparents have been solely responsible for the children's support health, education and maintenance while they have resided with the Maternal Grandparents. 8. The children have been with the Maternal Grandparents in a loving, supportive, nurturing family setting and have developed strong emotional and psychological relationships with them. 2 9. Father has never been involved in the children's lives since their birth. To the best of the Maternal Grandparents' knowledge and belief, the Father has only actually seen the children one or two times as infants. The children do not know Father nor do they have any relationship or parent-child bond with him. The children are aware of Father's criminal record and incarceration. They refer to their Father as "a bad man" named "Brandon". 10. Father had his child support obligations terminated for the children effective February 21, 2007 due to Father's only source of income being Social Security Disability and his available income falling below the self support reserve under the statewide support guidelines. No communication from or offer of any assistance had been offered by Father. 11. It is believed and averred that Father's disabilities supporting his lack of employment are mental health related issues. 12. The Maternal Grandparents are presently seeking an order for emergency relief of primary legal and physical custody of the children pursuant to 23 Pa. C.S.A. §5313 (b) which specifically provides: 3 (a) Physical and legal custody- A grandparent has standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, the court may award physical and legal custody to the grandparent. This subsection applies to a grandparent: 1. who has genuine care and concern for the child; 2. whose relationship with the child has began with the consent of a parent of the child or pursuant to an order of court; and 3. who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child or who assumes the responsibility for a child who has been determined to be a dependant child pursuant to 42 Pa. C.S. (relating to juvenile matters) or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. The court may issue a temporary order pursuant tot his section. (Emphasis added) 13. Maternal Grandparents bring this petition to ask the court to issue a temporary order for the protection of the children to continue in their care and custody. 14. The children are currently in an emotionally distressed state at the loss of their Mother the only parent they have ever known. The Maternal Grandparents were attempting to secure a guardianship order to guarantee continuation of their school enrollment for Fall, 2007, providing of medical 4 heath insurance through their grandparents' policy, to seek health care authorization for the children, including grief counseling for the loss of their Mother. 15. Incident to the filing of the guardianship process, Father was given notice by counsel for the Maternal Grandparents. 16. Upon Father's notification of the guardianship proceedings, he suddenly began to show an interest in the children and has demanded immediate physical custody of the children. Father proceeded to contact the East Pennsboro Police on at least two occasions (July 9, 2007 and July 11, 2007) demanding the police escort him to the residence of the Maternal Grandparents to take custody of the children, despite the fact that the children have no knowledge or relationship with him. 17. The Maternal Grandparents believe that Father is not a suitable parent in light of his willful abandonment and failure to be involved in the children's lives since their birth; his past criminal history which includes: resisting arrest, simple assault, disorderly conduct, receiving stolen property, driving an unregistered vehicle, theft by unlawful taking, criminal conspiracy and criminal mischief. Father has lacked and continues to lack the ability to 5 provide any financial support for the children because his sole income is Social Security Disability. Plaintiffs are totally without any knowledge of his present mental health condition, his living environment, his ability to care for children, especially children who are psychologically grieving the loss of the only parent known to them. Father's plan to simply "take" them away from their safe and secure living environment illustrates his utter lack of judgment and care for the children, especially since the children are totally unacquainted with him, know him as a stranger named "Brandon," and who refer to him as a "bad man". It is believed and averred that Defendant is motivated to take custody of the children solely to secure their financial assistance arising from Social Security due as a result of their Mother's death. 18. Allowing the children to be suddenly uprooted from their familiar surroundings, including their home and school, and placed with a stranger will only be psychologically detrimental and not in the best interest of the children. 19. The Maternal Grandparents are fearful that the Father may snatch the children from their familiar surroundings. 6 20. The Maternal Grandparents seek a temporary award of sole legal and physical custody of the children and the scheduling of a conciliation. Maternal Grandparents request that Father receive only supervised visitation on a schedule as is established by a psychologist for the children after the children are emotionally prepared to meet their Father and that the initial contacts for the children occur in the safe environment of a therapeutic office. 21. No judge has been assigned to this matter. The Honorable Judge Oler has been assigned to the pending guardianship proceedings filed to Orphan's Court Docket No. 21-07-0648 (Cumberland County). No hearing on the Guardianship has been established. 22. Counsel had prior conversation with Father incident to the guardianship and had understood that he was securing counsel. No identity of counsel is known. Attempts had been made by counsel to reach Father by phone today to no avail. A copy of this petition is being forwarded by mail to the Father. Father has communicated that he will be contesting the guardianship and in light of his attempt to secure police assistance in physically removing the children from Maternal Grandparents' home, it is assumed that he will not agree to confirmation of custody with the Maternal Grandparents. WHEREFORE, the Maternal Grandparents request an order of legal and physical custody with Father receiving only supervised visitation at a future time after the recommendation of a counselor for the minor children who can assist the children with their current grief after the loss of their Mother and commence the introduction process between Father and his biological children. DATE: July 12, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Maternal Grandparents s Respectfully submitted, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JANET L. McNEAL and, : IN THE COURT OF COMMON PLEAS MICHAEL F. McNEAL, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Petitioners v. :CIVIL ACTION -CUSTODY BRANDON CRUZ, Defendant/Respondent NO. ~ ~ ' ~-) ~ S Cl'U l l~ VERIFICATION We, Janet L. McNeal and Michael F. McNeal, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~, ~\\ ~, ~ Dated: ~ ~-- , 2007 J t L,, Mc ~~ ~ r Michael F. Mc eal r..,? ("> r-~ ' __ ~ t~l . #- T' © r ~ ~ i 1 -) -...- ^t~~,', ~ Q d -- _ ~ (~ 4 :, .; v7 v- ' ~ -j.~ ~ .., ~ w J i f 3 ",(~ JANET L. MCNEAL AND MICHAEL F. IN THE COURT OF COMMON PLEAS OF MCNEAL PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDON CRUZ DEFENDANT • 07-4135 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 13, 2007 ,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, August 23, 2007 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children al;e 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 X. Gllro Es . 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 ~, ~~r - ~~ ~~~ ~°~d ~ I ~~` ~~1Z ~~~ ~ `~ ~~ -~1~L, JANET L. McNEAL and IN THE COURT OF COMMON PLEAS OF MICHAEL F. McNEAL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVIL ACTION -LAW BRANDON CRUZ, Defendant NO. 07-4135 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of July, 2007, upon consideration of Plaintiffs' Petition for Emergency Relief, a hearing is scheduled for Friday, August 17, 2007, at 11:15 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiffs Brandon Cruz 500 Geneva Drive G4 Mechanicsburg, PA 17055 Defendant, pro Se ,2r~c.iQ nv~.+u-ems 7 - l7-a 7 ~~.- :rc -,: ~._~ _ ,,, ~ r~ ~ ~':~ - ~'f`~~ ~'~ ~~ ~~~~ L ~ -1y..~ t~Gl Jeff Foreman, Esquire Foreman & Foreman, P.C. 112 Market Street, 6th Floor Harrisburg, PA 17101 717-236-9391 j eff@,foreman-foreman.com Attorney ID # 72657 JANET L. McNEAL and IN THE COURT OF COMMON PLEAS OF MICHAEL F. McNEAL :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2007-CV-4135-CU BRANDON CRUZ :CIVIL ACTION -FAMILY DIVISION Defendant IN CUSTODY MOTION TO QUASH SUBPOENA DUCES TECUM AND NOW, comes the Dauphin County Domestic Relations, by and through its attorney, Jeff Foreman, Esquire, and files the instant Motion to Quash Subpoena to Produce averring as follows: Michael Higgins of The Dauphin County Domestic Relations Office received an "Subpoena Duces Tecum" on August 7, 2007 ordering to "Come to Courtroom 1 of the 4`h floor of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on Friday, August 17~', 2007, at 11:15 am to give testimony on behalf of the plaintiff's in the above case, and remain until excused". And bring with you the following:" (see exhibit "A" attached and incorporated herein.) 1. Documentation of all charges and payment history in all support actions for the children of Defendant, Brandon Cruz, 500 Geneva Drive, G4, Mechanicsburg, PA. This should specifically include but not be limited to the support action for Ariyanna L. McNeal and Avery M. McNeal, PACSES No. 932102587. 2. Copies of any and all documents submitted by Defendant, Brandon Cruz, or any treating physician or other medical provider establishing his eligibility for and receipt of Social Security disability as his only source of income. (see attached exhibit A incorporated herein for reference.) 2. This Subpoena Duces Tecum is requesting confidential and privileged information. 3. Dauphin County Domestic Relations has implemented safeguards applicable to all confidential information in accordance with 23 Pa. C.S.A. §4305. 4. Disclosure of the information requested in said "Subpoena Duces Tecum" would be a violation of the above mentioned safeguards. 5. According to 23 Pa. C.S.A. §4304.1(d), information collected, including address, "shall be confidential and may be used by the department, the court or the domestic relations section solely for purposes of child and spousal support enforcement." 6. Disclosure of the information requested in said "Subpoena Dues Tecum" is an undue burden on Dauphin County Domestic Relations as it requires the violation of previsions of the Pennsylvania Consolidated Statue. 7. Title II of the Health Insurance portability and accountability act (HIPPA) prevents the disclosure of protective health information without the appropriate authorization from the individual whose information is sought to be released. 8. No release or information regarding the authorization of the defendant is attached to the Subpoena Duces Tecum. 9. Provided the information in the Subpoena Duces Tecum would be a violation of the HIPPA requirements. 10. Disclosure of the information requested would be an undo burden on the Domestic Relations Office as it would result in a HIPPA violation. 11. The Dauphin County Domestic Relations Office does not have a record of the plaintiff in the Court of Common Pleas of Cumberland County Action Number: 07-4135 being involved in a domestic relations action involving the defendant, Brandon Cruz. WHEREFORE, The Dauphin County Domestic Office respectfully requests that this Honorable Court, please Quash the Subpoena Duces Tecum in accordance with Pennsylvania Rule of Civil Procedure and exclude Mr. Michael Higgins from appearance at the Court of Common Pleas of Cumberland County on Friday, August 17, 2007 at 11:15 am and from producing the documentation more fully described in Exhibit A attached hereto. Respectfully Submitted, Date: FOREMAN & FOREMAN, P.C. Je an, Esquire o & Foreman, P.C. 112 M ket Street, 6th Floor Harrisburg, PA 17101 717-236-9391 Attorney ID # 72657 j e~foreman-foreman.com f JANET L. McNEAL and IN THE COURT OF COMMON PLEAS OF MICHAEL F. McNEAL ~ Ot~g~ I~,I,~UNTY, PENNSYLVANIA Plaintiff vs. NO. 2007-CV-4135-CU BRANDON CRUZ :CIVIL ACTION -FAMILY DIVISION Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to Quash upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same postage prepaid, first class mail, addressed as follows: Barbara Sumple-Sullivan, Esquire (Attorney for Plaintiffs) 549 Bridge Street New Cumberland, PA 17070 Date: ~ ~o0 7 Brandon Cruz (Pro Se) 500 Geneva Drive - G4 Mechanicsburg, PA 17055 Respectfully Submitted: Je o an, Esquire # 72657 1 2 arket Street, 6th Floor Harrisburg, PA 17101 .717-236-9391 ~eff(a~foreman-foreman.com Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JANET L. McNEAL and, IN THE COURT OF COMMON PLEAS MICHAEL F. McNEAL, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. :CIVIL ACTION -CUSTODY BRANDON CRUZ, Defendant N0.07-4135 SUBPOENA DUCES TECUM To: Mr. Michael Higgins Dauphin County Domestic Relations P.O. Box 1295 Harrisburg, PA 17108 You aze ordered by the Court to come to Courtroom 1 on the Fourth Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on Friday, August 17, 2007 at 11:15 a.m. to give testimony on behalf of the Plaintiffs in the above case, and to remain until excused. And bring with you the following: 1. Documentation of all charges and payment history in all support actions for the children of Defendant, Brandon Cruz, 500 Geneva Drive, G4, Mechanicsburg, PA. This should specifically include but not be limited to the support action for Ariyanna L. McNeal and Avery M. McNeal, PACSES No. 932102587. 2. Copies of any and all documents submitted by Defendant, Brandon Cruz, or any treating physician or other medical provider establishing his eligibility for and receipt of Social Security Disability as his only source of income. If you fail to attend or to produce the documents or things required by this subpoena, you maybe subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY AN ATTORNEY IN COMPLIANCE WITH Pa. R.C.P. No. 234.2(a) Name: Barbaza Sumple-Sullivan, Esquire Address: 549 Bridge Street New Cumberland, PA 17070 Telephone: (717) 774-1445 Supreme Court ID#: 32317 BY THE COURT: ~. P othonotary/Clerk, Ci Division Date: ~u.QU.af ~ 0?007 ' Seal of the Court Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P. No. 234.1. If a subpoena fora production of documents, records or things is desired, complete paragraph. f~ N ~ 4J.:~~ ~-~~15~.. {: _~ ~ _ ai- -a7 ~ -~i 7 -^"' tTR _ ~ ^c' L.J N AUG 1 b 2007,01J~ Jeff Foreman, Esquire Foreman & Foreman, P.C. 112 Market Street, 6~' Floor Harrisburg, PA 17101 717-236-9391 jeff _,foreman-foreman.com Attorney ID # 72657 JANET L. McNEAL and IN THE COURT OF COMMON PLEAS OF MICHAEL F. McNEAL :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2007-CV-4135-CU BRANDON CRUZ :CIVIL ACTION -FAMILY DIVISION Defendant IN CUSTODY ORDER AND NOW, this (,5~~ day of ~ , 2007, and based upon the Motion of the Dauphin County Domestic Relations Office, the Subpoena Duces Tecum on the above captioned civil action is hereby Quashed. Michael Higgins shall not appear at the Cumberland County Courthouse on August 7, 2007 as per the Supoena Duces Tecum. Distribution: ~rbara Sumple-Sullivan, Esquire (Attorney for Plz 549 Bridge Street, New Cumberland, PA 17( ~andon Cruz (Pro Se) 500 Geneva Drive - G4, Mechanicsburg, PA ~eff Foreman, Esquire (Attorney for Dauphin Coun 112 Market Street, 6`}' Floor, Harrisburg, PA 1 % 1 U 1 q y. c~,s ~[ 3L:_ 1.1? '. k ~ e~' .- .. .... r ~~ C.~ ~~} C~rT ~.~ ~e~~ vs. C~u z- In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~ ~' ` ~~ ~ Civil. 19 a~~ To Prothonotary 19 ~. Attorney f intiff No. Term, 19 vs. PRAECIPE r~.~.i`;~ ,. ~~ ~' 9~ f i ~~~ L i ~~'~ LOZ 19 Filed Atty. ~,€,,,, ~~~:~; N.I. ~Q ~~~ ~~„, ~. f~_~~11~ 06/;.7/2007 08:30 7172366602 FOREMAN & FOREMAN F'AGE 02 Jeff Foreman, Esyuirc Foreman & Foreman, P,C. 112 Market Street, 6"'Floor Harrisburg, PA 17101 717-236-9391 ieff~a.foreman-foreman.com Attorney ID # 72b57 ~__ JANET L. IvIcNEAL and MICkIAEL F. McNEAL Plaintiff vs. BRANDQN CRUZ Defendant IN THE COURT OF COMMON PLEAS Or CUMBERLAND COUN'T'Y, PENNSYT,~IANIA NO. 2007-CV-4I35~CU CIVIL ACTION -FAMILY DIVISION IN CUSTODX am ~ wDI NG OFtD~~ AND NQW, this ~ day of , 2007, and. based upon the Motion of tlae Dauplxin, County Domestic Rclatiofis Office, the Subpoena Duces Tecum ors the above captioned civil actian is hereby Quashed. Michael Higgins shall not appeax at the Cumberland County Courthouse on August 17, 2007 as per the Supoena Duccs Tecum. TAY THE COURT Distributioa~: ~Baxbara Sumple-Sullivan, Esquiz~e (Attorney for Plaintiffs) 549 Bridge 5txeet, New Cumberland,l'A 17070 J. -I3randon Cruz (Pro Se} '~'~-tom' ~'~`''e ~~ ~ ~ b~ S00 Geneva Drive - G4, M.echani.csburg, PA 17055 -Je#I'p'oreman, Esquire (Attorney for Dauphin County Domestic Relaxions} l l 2 Market Street, 6`~' Floar, Harrisburg, PA 171Q1. ~~., ~, ~~ ~'3~ ~. ~ it ~ ~~i~~ }~Lt~~.,.J ~'~'" ~i"i.i. a'we'' r IN RE: GUARDIANSHIP OF ARIYANNA L. MCNEAL and AVERY M. MCNEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0. 21-07-0648 JANET L. MCNEAL and MICHAEL F. MCNEAL, Plaintiffs VS BRANDON CRUZ, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY N0. 07-4135 ORDER OF COURT AND NOW, this 17th day of August, 2007, upon consideration of the attached stipulation of the parties and pursuant to an agreement reached in open court between the parties and their respective counsel, the terms of the stipulation attached hereto are entered as an Order of Court. By the Court, . //Wesley Barbara Sumple-Sullivan, Esquire For the Plaintiffs Mark A. Mateya, Esquire For the Defendant ~Jr., J. -~-"` :mlc 1, i ,, ~0 ~ i I',-~`7 ~~ ~ ~~~~' ~GOZ Aid ~ ~ :J a~~~}ii. ~~ Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 IN RE: : IN THE COURT OF COMMON PLEA5 GUARDIANSHIP OF :CUMBERLAND COUNTY, PENNSYLVANIA ARIYANNA L. McNEAL and :ORPHANS' COURT DIVISION AVERY M. McNEAL NO. 21-07-0648 JANET L. McNEAL and, MICHAEL F. McNEAL, Plaintiffs v. BRANDON CRUZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO.07-4135 STIPULATION FOR ENTRY OF ORDER THIS AGREEMENT made the day of , 2007, by and between Janet L. McNeal and Michael F. McNeal (hereinafter referred to as Maternal Grandparents), a wife and husband residing at 1050 Hemlock Lane, Enola, Cumberland County, Pennsylvania 17025, and Brandon Cruz (hereinafter referred to as Father), an adult individual residing at 500 Geneva Drive, Apt. G4, Mechanicsburg, Cumberland County, Pennsylvania 17055. WITNESSETH WHEREAS, the above captioned matters relate to the guardianship, legal custody and physical custody of the minor children, Ariyanna L. McNeal and Avery M. McNeal, both born July 23, 2000; 1 WHEREAS, Grandparents are the Maternal Grandparents of the minor children at issue. The children and Colleen E. McNeal, natural mother of the children, had been residing with Maternal Grandparents since November, 2006. Since Colleen E. McNeal's death on April 2, 2007, Maternal Grandparents have assumed responsibility for the children and the children continue to reside with them; WHEREAS, Father is the natural father of the minor children at issue; WHEREAS, in order to secure legal authority for the children's continuation of enrollment in the same school district, as well as for the children's medical needs and the ability to manage and meet the children's financial and support needs, Maternal Grandparents filed the above captioned guardianship action on or about July 10, 2007, seeking appointment as guardians of the minor persons and estates of the children; WHEREAS, the Maternal Grandparents also initiated the above captioned custody action and simultaneously filed a Petition for Emergency Relief against Father on or about July 12, 2007, after contact from the police lead them to believe that Father was going to attempt to physically remove the children from Maternal Grandparents' home. Father has not acted to physically remove the children; WHEREAS, a hearing has been scheduled on both the Petition for Appointment of Guardians of Minors' Persons and Estates and the Petition for Emergency Relief for 2 Friday, August 17, 2007 at 11:15 a.m. before the Honorable J. Wesley Oler, Jr.; WHEREAS, a custody conciliation has been scheduled in the custody matter for Thursday, August 23, 2007, at 9:30 a.m. before Custody Conciliator, Hubert X. Gilroy; WHEREAS, the parties have been able to reach an agreement on a plan which will presently avoid the necessity of hearing on the filed Petitions for Appointment of Guardians of Minors' Persons and Estates and Petition for Emergency Relief; and NOW THEREFORE, the parties, intending to be legally bound, and knowing that this stipulation shall become an order of court in each of the above captioned actions, subject to paragraph six of this Stipulation, agree as follows: 1. The recitals contained in the whereas clauses are incorporated herein by reference. 2. The parties agree that the Court shall enter an Order granting shared legal custody between Maternal Grandparents and Father. 3. The parties agree that the court shall enter an order granting to the Maternal Grandparents legal guardianship of the persons and estates of Ariyanna and Avery McNeal. Both parties acknowledge that this shall empower the 3 Maternal Grandparents to continue the children's enrollment in public school in the East Pennsboro School District where Maternal Grandparents and the children reside. This shall also allow for the children to qualify for medical insurance through medical plans offered by Maternal Grandparents' employer. Maternal Grandparents shall have the authorization to seek and secure medical care for the children, including but not limited to, enrollment in bereavement counseling at The Caring Place. 4. Maternal Grandparents shall give notice to Father of any medical problems occurring with the children and provide updates on the children's educational performance and progress. This shall include, but not be limited to, copies of their report cards. 5. The parties agree that, pending further order of court, the children shall continue in the physical custody of the Maternal Grandparents. 6. The Custody Conciliation scheduled for Thursday, August 23, 2007, at 9:30 a.m. before Custody Conciliator, Hubert X. Gilroy, shall be held as scheduled, subject to the paragraphs seven through nine, below. 7. Once the children's eligibility shall be established on the medical plans of the Maternal Grandparents or within sixty days (60), whichever comes first, the 4 children will commence counseling with Pinnacle Health/Psychological Services for the purposes of evaluation of the appropriateness of the children's custodial time with Father. Pending the recommendation of the therapist or further order of Court, Respondent shall not have any independent contact with the children outside of the therapeutic setting. The counselor shall objectively assess the children's present mental and emotional health and assess the extent of bonding between the children and Father. Once this is complete, the parties will rely on the therapist's assessment to determine the extent of Father's custody time with the children. Father has indicated that it is his goal to achieve regular periods of partial custody with the children, which periods of partial custody shall include alternating weekends. Father reserves the right to seek expanded time with the children as circumstances maybe deemed appropriate. 8. Further, the Maternal Grandparents and Father agree to begin joint therapeutic counseling with the hope of resolving issues of mistrust and problems which have arisen over the years since Father's relationship with Colleen. The goal of this counseling is to allow the parties to be able to communicate for the best interest of the minor children. 9. The cost of all counseling for the children and the parties shall be shared equally between Maternal Grandparents and Father. 5 10. The parties agree that this Stipulation shall be entered as an Order of Court to both dockets.