HomeMy WebLinkAbout85-0133
DENNIS C. LEITZEL,
Plaintiff/Respondent
vs.
PATRICIA A. YEARICK McCOOL,
Defendant/Petitioner
RULE TO SHOW CAUSE
AND NOW, this _
consideration of the
Jurisdiction, a rule
C. Leitzel, to show
granted.
I ~-~~
attached
is issue
pause why
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 133 Civil 1985
CUSTODY
day of \ ~~ ~"~~~., 1999, upon
Petition to Dismiss for Lack of
3 upon Plaintiff/Respondent, Dennis
the relief requested shauld not be
_ The Rule is returnable on the~3.~ day of November, 1999,
at ~~ a m. at a Conference in Chambers.
By the Cour
Edgar B. Bayley, J.
Joan Carey, ~ ~~
Attorney for Defend t
Jerry A. Weigle ~ -y ,wQ~d
Attorney for Plaintiff
19 ,
} ~Y
DENNIS C. LEITZEL, IN THE COURT OF COMMON PLEAS
Plaintiff /Respondent
v.
PATRICIA A. YEARICK McCOOL,:
Defendant /Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 133 CIVIL 1985
CUSTODY
PETITION TO DISMISS FOR LACK OF JURISDICTION
Petitioner, Patricia A. Yearick McCool, by and through her counsel, Joan Carey of Legal
Services, Inc., states the following:
1. Petitioner is the above-named Defendant, Patricia A. Yearick McCool, hereinafter
referred to as the mother, who resides at 302 Jack's Mill Drive, Boalsburg, Centre County,
Pennsylvania 16827.
2. Respondent is the above-named Plaintiff, Dennis C. Leitzel, hereinafter referred
to as the father, who resides at 543 Willis Lane, Delaware, Ohio 43015.
3. The above-named parties are the natural parents of Jennifer M. Leitzel, born June
27, 1983
4. A custody order was entered on July 19, 1988, giving primary physical custody of
the child to the father with liberal visitation rights to the mother, a copy of which. is attached as
Exhibit "A" and incorporated by reference.
5. The mother and father, by mutual agreement, have not followed this court order of
July 19, 1988, and have agreed that it was in the best interests of the child to be in the primary
physical custody of the mother in Centre County.
6. The order of July 19, 1988, was not formally modified, by the parties, but the
child has resided with the mother, in Centre County, since October 13, 1997.
7. The father has petitioned the court to modify the custody order entered July 19,
1988, and a hearing is scheduled for December 2, 1999, in Cumberland County.
8. The mother requests that this court dismiss this case for reasons
including the following:
a. Centre County is the home state of the child.
b. The child does not have a significant connection with Cumberland
County; in fact, the father no longer resides in Cumberland County
and has relocated to Ohio.
Evidence concerning the child's education and all other substantial
evidence concerning the present or future care, protection, training,
and personal relationships of the child is located iri Centre County.
WHEREFORE, Petitioner respectfully requests that this court dismiss this case for lack
of jurisdiction, cancel the hearing scheduled for December 2, 1999, and stay the custody
proceedings in Cumberland County pending a determination regarding jurisdiction.
Plaintiff also requests any other relief that is just and proper.
Respectfully submitted,
J ,~_ t
loan Carey i
Attorney for Defendant /Petitioner
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
ti
VERIFICATION
I verify that I am the Petitioner as designated in the present action and ghat the facts and
statements contained in the above Petition aze true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C. ~. §4904, relating
to unsworn falsification to authorities.
r
Dated: ~}) ``- ~~
r.
j` ~ {
Patricia A. Yeari k McCool, Defendant /Petitioner
9GT 0 8 1999 ~%'
DENNIS C. LEITZEL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CNIL ACTION -LAW
PATRICIA A. YEARICK McCOOL, NO. 85-133 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this ~ day of October, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
L A hearin~ is scheduled in Courtroom No. 2 of the Cumberland County Courthouse
on the 2" day of December, 1999, at 8:45 a.m. at which time testimony will be taken
in the above case. At this hearing, the Father, Dennis C. Leitzel, shall be the moving
party and shall proceed initially with testimony. Counsel for the parties shall file
with the court and opposing counsel or the other party a memorandum setting forth
the history of custody in this case, a detailed listing of the issues currently before this
court, a list of witnesses who will testify on behalf of that party and a summary of
the anticipated testimony of each witness. This memorandum shall be filed at least
10 days prior to the mentioned hearing date.
2, Pending further order of this court, the following temporary custody order is entered:
A. The Mother, Patricia A. Yearick McCool, shall continue to enjoy
primary physical custody of Jennifer M. Leitzel, born June 27, 1983.
B. The Father, Dennis C. Leitzel, shall enjoy periods of temporary
physical custody with the minor child on alternating weekends from
Saturday morning at 9:00 a.m. through Sunday evening at 5:00 p.m.
Father shall pick the child up at Mother's home in Center County and
Father may exercise custody with Jennifer at his families home in
Cumberland County or at such other location as Father deems
appropriate. This period of alternating weekends shall start on
October 30, 1999 and shall include the weekend of October 30, 1999
and November 13, 1999. For the Thanksgiving weekend, Father
shall have custody from November 26, 1999 at 9:00 a.m. until
November 28, 1999 at 5:00 p.m.
3. Father's counsel is directed to refer a certified copy of this order to the Sheriff of
Center County with a request that the Sheriff serve a copy of this order and the
attached Custody Conciliation Report on the Mother. Additionally, Father's counsel
shall mail a copy of this order to the Mother.
.~
4. In the event Mother retains legal counsel for the hearing, the Custody Conciliator
may be contacted by legal counsel for both parties to conduct a telephone conference
to determine if there is any opportunity for the Conciliator to work out an agreement
between the parties in advance of the December 2, 1999 hearing.
cc: Jerry A. Weigle, Esq.
Patricia A. Yearick McCool
BY T E COU ,
Edgar B. Bayley
~~a /nom«l ~D - ~. r
~.,_ .
J.
w
DENNIS C. LEITZEL,
Plaintiff
v
PATRICIA A. YEARICK McCOOL,
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION -LAW
NO. 85-133 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 child who is the subject of this litigation is as
follows:
Jennifer M. Leitzel, born June 27, 1983.
2. A Conciliation Conference was held on October 7, 1999, with the following individuals in
attendance:
The Father, Dennis C. Leitzel, with his counsel, Jerry A. Weigle, Esquire; the Mother,
Patricia A. Yearick McCool did not appear. Attorney Weigle filed a certificate of service
indicating that the Mother had been served with the petition and notice; of the hearing.
Although the Father had not spoken with the Mother concerning the hearing, the 16 year old
daughter did relate to the Father that the Mother was aware of the scheduled Custody
Conciliation Conference.l
The parties have been working under a prior order from 1988 which granted shared custody.
However, since that time, the Father enjoyed custody of Jennifer for a number of years.
Approximately 2 years ago, Jennifer went to live with the Mother. Father has now relocated
to Ohio and Jennifer has expressed to Father on a number of occasions that she desires to
live with Father in Ohio. Father relates that the Mother will not speak with him and has not
provided him with any opportunity to visit Jennifer since the summer when the Father filed
this petition.
' Ms. McCool came to the Conciliator's office later the morning of the Conciliation and indicated that she
was not aware of the scheduled location for the Conciliation and that she was late. She was advised as to
what happened at the Conciliation Conference and a recommendation was given to her to seek legal counsel.
4. A hearing is necessary and an interim order is necessary to give Father some time with
Jennifer. The Conciliator recommends the entry of an order in the form as attached.
~ $ . ~-~ ~ -
DATE Hubert X. Gilroy, E quire
Custody Conciliat r
-~,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF
PENNSYLVANIA
DENNIS C. LEITZEL, CIVIL ACTION -LAW
Plaintiff,
v. NO. 133 Civil 1985
PATRICIA A. YEARICK McCOOL,
Defendant. CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~' ~ , 1999, upon
consideration of the attached com laint, it is liereb direct d that the parties and their
respective counsel appear before ~ (yj~~ C~ _, the
conciliator, at ~ I~C~ ; C - n the day of
S'`~~- , 1999, at _~~ •~ ;~U . M., for aPre-Hearing 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 heazd by the court, and to enter in
to a temporary order. All children five or older may also be present at the conference.
Failure to appeaz at the conference may provide grounds for entry of a temporary or
permanent order.
BY THE COURT,
Custody Conciliator ~ 1
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, 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
schedule conference hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA
Telephone Number 717-249-3166
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
-..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF
PENNSYLVANIA
DENNIS C. LEITZEL,
Plaintiff,
CIVIL ACTION -LAW
v.
PATRICIA A. YEARICK McCOOL,
Defendant.
NO. 133 Civil 1985
CUSTODY
PETITION TO MODIFY EXISTING CUSTODY ORDER
ENTERED JULY 19, 1988
AND NOW, comes Petitioner, Dennis C. Leitzel, by and through his legal counsel
Mark, Weigle and Perkins and Jerry A. Weigle, Esquire ,and petitions the Court as
follows:
1. Your Petitioner is the above-named Plaintiff, Dennis C. Leitzel, is the
above-named Plaintiff whose legal residence has been Newburg, Cumberland County,
Pennsylvania.
2. Your Petitioner and his family are in the process of relocating to the State
of Ohio. The Petitioner presently resides at 543 Willis Lane, Delaware, Ohio 43015.
3. Your Respondent is the above-named Defendant, Patricia A. Yeazick
McCool, an adult currently residing at 302 Jacks Mill Road, Apartment 1, Boalsburg,
Centre County, Pennsylvania 16827.
4. The parties aze natural pazents of Jennifer M. Leitzel, age 16, born June
27, 1983.
5. A custody order was entered on July 19, 1988 a copy of which is attached
hereto, made a part hereof and labeled Plaintiff s Exhibit "A".
6. The parties hereto have not followed the above referenced custody order
by mutual agreement, in the best interests of the child, but neglected to petition for
modification in the past as the need azose.
7. The said minor child has resided with the Respondent by mutual
agreement since October 13, 1997, and has maintained minimal telephone contact and
written correspondence with the Petitioner during this time period of twenty-two (22)
months.
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 1 725 7-1 397
8. Petitioner and his family are presently in the process of relocating to the
State of Ohio, due to the Petitioner's employment, with the Petitioner himself having
moved to Ohio during the month of May 1999.
9. It is in the best interest of the minor child to resume her primary residence
with the Petitioner and the minor child wishes to do so.
10. The minor child, who is sixteen (16) years of age, is desirous of making
the move to Delaware, Ohio with the Petitioner in order to improve her life si:yle and
educational future.
11. The Respondent refuses to communicate with the Petitioner either directly
or through counsel so that it has been impossible to discuss any further changes in
custody with her.
12. The Petitioner has scheduled a Friday, August 20, 1999 meetuig at the
Delaware City Schools Administration Office to enroll the minor child in school at the
area of relocation and to obtain any and all information about the new school system.
13. Petitioner will do his best to afford Respondent as much contact as
possible with the minor child and to obey the present Order of Court pending
modification.
WHEREFORE, Petitioner requests your Honorable Court to modify its 3uly 19,
1988, order by continuing primary residential custody of Jennifer M. Leitzel in the
Petitioner, who now resides in the State of Ohio and providing an alternate partial
custody schedule for the Respondent which will take into account the distance between
the parties as well as the best interest of the said minor child.
Respectfully submitted;
----.MARK, WEIGLE AND PE
r
Je~Y A. igle, Esquire
At~ornev f r PlaintifflPetitioner
126 East King Street ~
Shippensburg, Pennsylvania 172:57
717-532-7388
MARK, WEIGLE ANp PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 7 7257-7 397
...
VERIFICATION
I verify that the statements made in the foregoing Petition to Modify Existing Custody
Order 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.
~~
Dennis C. Leitzel, Plaintif titioner
Dated: ~1 ~ ~~ I
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF
PENNSYLVANIA
DENNIS C. LEITZEL,
Plaintiff,
CIVIL ACTION -LAW
v.
PATRICIA A. YEARICK McCOOL,
Defendant.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NO. 133 Civil 1985
CUSTODY
SS.
Heather N. Carey, being duly sworn according to law, deposes and says that on
September 13,1999 she served true and attested copies of an Order of Court and
Petition to Modify Existing Custody Order Entered July 19, 1988 upon the
Defendant, Patricia A. Yearick McCool, by mailing the same postage paid, certified mail,
addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as
follows:
Ms. Patricia A. Yearick McCool
302 Jacks Mill Road
Apartment 1
Boalsburg, PA 16872
Heather Carey
Sworn to and subscribed before
me this 21St day of Sep ember, 19
Notary Public
~ 1!, YYaNbrt~ Noer~r Pubb
~~.~rs~ „ Cumb~nd Co
MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - t2fi EAST KING STREET - SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF
PENNSYLVANIA
DENNIS C. LEITZEL,
Plaintiff, .
v.
PATRICIA A. YEARICK McCOOL,
Defendant. .
CIVIL ACTION -LAW
NO. 133 Civil 1985
CUSTODY
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MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBIVRG, PA 1 725 7-1 39 7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF
PENNSYLVANIA
DENNIS C. LEITZEL,
Plaintiff,
v.
PATRICIA A. YEARICK McCOOL,
Defendant.
CIVIL ACTION -LAW
NO. 133 Civil 1985
CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL
To the Prothonotary:
Please enter my appearance on behalf of the Plaintiff. Dennis C. Leitzel.
Dated:
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 1 725 7-1 39 7
WILLIAM R. MARK (1912-1980) MARK, WEIGLE AND PERKINS
JERRY A. WEIGLE Attorneys-at-~QW
DAVID P. PERKINS 126 EAST KING STREET
SHIPPENSBURG, PENNSYLVANIA 17257-1397
Associate
JOSEPH P. RUANE TELEPHONE (717) 532-7388 or (717) 776-4'295
FAX (717) 532-6552
19 November, 1999
Honorable Edgar B. Bayley
Cumberland County Courthouse
North Hanover Street
Carlisle, PA 17013
Re: Leitzel v. McCool
Dear Judge Bayley:
I enclose herewith Plaintiff sere-Trial Custody Memorandum in the above captioned
matter scheduled for hearing on December 2, 1999, at 8:45 a.m., pursuant to Order of
Court dated October 13, 1999.
Very truly yours,
MARK, WEIGLE t~
~.
GJ
rry A. eigle
JAW:rrw
Cc Joan Carey, Esquire
Mr. Dennis Leitzel
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COiJNTY OF
PENNSYLVANIA
DENNIS C. LEITZEL,
Plaintiff,
v.
PATRICIA A. YEARICK McCOOL,
Defendant.
CIVIL ACTION - LA.W
NO. 133 Civil 1985
CUSTODY
PRE-TRIAL CUSTODY MEMORANDUM
I.
II
Custody History
The minor child, Jennifer Leitzel is presently sixteen (16) years of age and a
highschool junior. She was born out of wedlock on June 27, 1983. A custody
order was entered by this Court on July 19, 1988, providing for shared legal
custody in both the Plaintiff and the Defendant, primary residential custody in the
Plaintiff during Jennifer's school year and primary residential custody in the
Defendant during the greater part of the summer months. The parties lived by this
order up until mid-October, 1997, when Jennifer moved into her mother's
residence in the State College, Pennsylvania, area by mutual agreement. No
modification of the July 19, 1988, order was obtained. Prior to that time, Jennifer
resided with her father and his family in the Newburg, Pennsylvania, area and
attended the Shippensburg schools. Jennifer has been residing in her mother's
apartment since October, 1997. Other persons living in this apartment from time
to time included several male friends of the Defendant, another minor daughter,
and her twenty-two (22) year old son. The Plaintiff s information is that the
Defendant's son has been arrested for marijuana possession and has been asked to
leave the residence. When Jennifer lived in the Plaintiff s home, that home
included Plaintiff's wife and Plaintiff's two minor children born to his present
wife. For approximately one year after Jennifer's move to the Defendant's
residence, Plaintiff had little contact with her for reasons which will be more fully
explained at trial. During the last year, the Plaintiff and Jennifer have been able
to resolve their differences and to communicate effectively. Jennifer now
expresses a strong desire to move back into the home of the Plaintiff, who now
resides with his family in Delaware, Ohio, due to a job relocation.
Issues
Should the minor child be permitted to return to the residence of the
Plaintiff as she desires?
2. If so, how should the present custody order be modified so as to be in the
best interests of the minor child and her families?
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
III. Witness List
1. Dennis C. Leitzel, father of minor child
2. Shelly R. Leitzel, step-mother of minor child
3. Jennifer Leitzel
IV, Summary of Testimony of Each Witness
Dennis C. Leitzel: Mr. Leitzel will testify as to the custody history in this
case, why Jennifer left his residence in October of 1997, and why he feels
it would be in Jennifer's best interest to permit her to return to his home at
this time.
2. Shelly R. Leitzel: Mrs. Leitzel will testify as to the present physical home
arrangements Delaware, Ohio, the school that Jennifer would attend if she
is permitted to return to the Leitzel home, and the opportunities that would
be available to Jennifer that are not presently available to her.
3. Jennifer Leitzel: Jennifer will testify as to her present relationship with
both her mother and father, why she moved to her mother's residence in
October, 1997, and why she wishes to move back with her father and his
family.
Respectfully submitted,
MARK, WEIGLE AND P
~i
/~ C~
~.
J ~' A. eagle, Esquire
''ttorney I . No. 01624
126 East King Street
Shi ensbur , PA 17257-1397
Pp g
(717) 532-7388
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 1 725 7-1 39 7
r -
SHERIFF'S OFFICE
CENTRE COUNTY
RM 402 COURT HOUSE, BELLEFONTE, PENNSYLVANIA 16823 (814) 355-6803
SHERIFF SERVICE iNSTfiUC710NS SOH SERVICE OF f?ROCESS: You<must file one Instruc-
tlon sheet for ~~ch defendant. Ptease'type arprlntlegibly, _Do Notd@tach
PROCESS RECEIPT, and AFFIDAVIT OF RETURN any ~op~PS.
1. PLAINTIFFlS/ 2. CASE NUMBER
^~ ~ ~, .,`, S C. ~., tit z~ (_ _ ~ ~5 - - -~ ~
3. DEFENDANT/S/ f,~ l~1 4. TYPE OF WRIT OR COMPLAINT:
~e, ~r t c t 4 ~ . ~I 2crr c.k m e l ~ c~ ri r ~- <~r'o•sr,.,~
SERVE 5. NA E OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code)
AT -
7. INDICATE UNUSUAL SERVICE: 0 REG. MAIL O CERTIFIED MAIL ^ DEPUTIZE O POST ^ OTHER
Now, 19 _, I SHERIFF OF CENTRE COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
SHERIFF OF CENTRE COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDfrING SERVICE
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may
leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the
sheriff to any plaintiff herein for any loss, destruction or removal of any such property before shenff's sale thereof.
9. PRINTlTYPE NAME AND ADDRESS OF ATTORNEY/ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
12. SIGNATURE
SPACE BELOW FOR USE OF SHERIFF ONLY- DO NOT WRITE BELOW THIS LINE
13. I acknowledge receipt of the writ t SIGNATURE of Authorized CCSD Deputy or Clerk and Title 14. Date Filed 15. Expiration/Hearing date
or complaint as indicated above. J
RIFF
TO BE COMPLETED BY SHE
I
2 Z day of _ pGd~otOQ-/ ,
16. Served and made known to ~0.~r t c. ~ ~ I~ ~ Q,a r t c.~. ~ C ~ o o ` , on the
n
9 ' 3 ~ o'clock, JCr _ M., at 30 a. ~ G. ~-k M ~ ~ ~ 1~0~-~ ~ ~ Ir--~O c~ ~ 5 bU~C ,County of Centre,
19 _~~L._, at -CT
Commonwealth of Pennsylvania, in the manner described below:
Ct~efendant)s) personally served.
^ Adult family member with whom said Defendant(s) resides(s). Relationship is
^ Adult in charge of Defendant's residence.
^ Manager/Clerk of place of lodging in which Defendant(s) resides(s).
U Agent or person in charge of Defendant's office or usual place of business.
^ and officer of said Defendant company.
O Other
On the day of , 19 , at o'clock, M.
Defendant not found because:
^ Moved ^ Unknown ^ No Answer ^ Vacant ^ Other
Remarks:
Advance Costs Docket Service Sur Charge Affidavit Mileage Postage Misc. Tatal Costs Cost Due R fund
,
AFFIRMED and subscdbed to before me this ~
17 SO ANSWER. ,~ ~-
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.
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~ 18. Signature of Dep. riff j' ~. 19. Date
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~ _ 21. Signature sheriff 22. Date
'---"~°'~''~'~----°---~-•---°~ SHERIFF OF CENTRE COUNTY
I~otari5l Se~::al
Corlnnta Waters, NUtilly PLd:)iiC ~ Page
Amount Pd
MY OMAi~g~phE~CP1816SCentre ~x~unty .
24. IAr'KN(ll~~l Ffl(`F RF(`FIPTl1(= `~ {F'.S RETURN SIGNATURE 25. Date Received
OF AIZ~~f>,~`~`i~i41~'f~ttf)~fL~ N<,:~~ri;
WHITE -PROTHONOTARY CANARY -ATTORNEY
r
WILLIAM R. MARK (1912-1980) MARK, WEIGLE AND PERKINS
JERRY A. WEIGLE Attorneys-at-LQW
DAVID P. PERKINS 126 EAST KING STREET
SHIPPENSBURG, PENNSYLVANIA 17257-1397
Associate
JOSEPH P. RUANE TELEPHONE (717) 532-7388 or (717) 776-4295
FAX (717) 532-6552
18 October, 1999
Sheriff Denny Nau
Centre County Courthouse
Allegheny Street
Bellefonte, PA 16823
Re: Dennis C. Leitzel v. Patricia A. Yearick McCool
Dear Sheriff Nau
Enclosed herewith please find an Order of Court that I am requesting your ofllce to serve
upon the Defendant, Patricia A. Yearick McCool. The Defendant's residential address is
as follows:
Patricia A. Yearick McCool
302 Jacks Mill Road
Apartment 1
Boalsburg, PA 16827
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To the best of my knowledge the Defendant is not employed, therefore, I can only supply
you with a residential address.
I have also enclosed a check in the amount of $75.00 to cover your costs. If I can be of
any further assistance please call. Thank you.
Very truly yours
'" ARK, WEIGLE AND PE INS
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Enclosures
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DENNIS C. LEITZEL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CNIL ACTION - LA W
PATRICIA A. YEARICK McCOOL, NO. 85-133 CIVIL
Defendant IN CUSTODY
COURT ORDER
AivD NOW', this ;'.3 `~ day of vctober, 199ci, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearin~ is scheduled in Courtroom No. 2 of the Cumberland County Courthouse
on the 2" day of December, 1999, at 8:45 a.m. at which time testimony will be taken
in the above case. At this hearing, the Father, Dennis C. Leitzel, shall be the moving
party and shall proceed initially with testimony. Counsel for the parties shall file
with the court and opposing counsel or the other party a memorandum setting forth
the history o Gusto v to this case, a detailed~ing of the issues currently before this
court a list of witnesses who will testify on behalf of~ that party and a summary
the anticipated testimony of each witness. This memorandum shall be Glcd at least
1 ays pnor to the mentioned hearing daft.
2. Pendint; further order of this court, the following temporary custody order is entered:
A. The Mother, Patricia A. Yearick McCool, sha(I continue to enjoy
primary physical custody of Jcnnifcr M. Lcitzcl, born Junc 27, 1983.
I3. The Father, Dennis C. Lcitzcl, shall enjoy periods of temporar<~
physical custody with the minor child on alternating weekends from
Saturday morning at 9:00 a.m. through Sunday evening at S:GO p.m.
Father shall pick the child up at Mother's home in Center County and
Father may escrcise custody with Jcnnifcr at his families home in
Cumberland County or at such other location as Father deems
appropriate. This period of alternating weekends shall start on
October 30, 1999 and shall include the weekend of October 30, 1999
and November 13, 1999. For the Thanksgiving weekend, Father
shall have custody from November ?6. 1999 at 9:00 a.m. until
November ?8, 1999 ai >:00 p.m.
3. Father's counsel is directed to refer a certified copy of this order to the Sheriff of
Center Cuunty with a request that the Sheriff sen~c a copy oI~ this order and the
attached Custody Conciliation Report on the Mother. .Additionally, Father's counsel
shall mail a copy of this order to the Mother.
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DENNIS C. LEITZEL IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
PATRIC LA A. YEARICK Mc000L No. 133 Civil 1985
CIVIL ACTION -LAW
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COURT OF COMMON PLEAS
CENTRE COUNTY, PENNSYLVANIA
Please acknowledge receipt of this case by signing and dating this document.
RECORD RECEIVED: Date:
DENNIS C. LEITZEL,
PLAINTIFF
V.
PATRICIA A. YEARICK McCOOL,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
133 CIVIL 1985
ORDER OF COURT
AND NOW, this day of November, 1999, it appearing the
subject child, Jennifer M. Leitzel, born June 27, 1983, has lived with her mother in
Centre County, Pennsylvania for two years, and the plaintiff father, Dennis C. Leitzel,
now lives in Delaware, Ohio, we conclude that this court lacks jurisdiction to proceed.
Defendant mother's petition challenging jurisdiction, IS GRANTED. The case is
transferred to the Court of Common Pleas of Centre County, Pennsylvania, with costs to
be paid by plaintiff Dennis C. Leitzel. The hearing scheduled for December 2, 1999, IS
CANCELLED.
Jerry A. Weigle, Esquire
For Plaintiff
Joan Carey, Esquire
For Defendant
By the Court,
Edgar B. Bayle J.
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