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Home My WebLink About88-4020t r PACSES Case No. 203000033 v. EVERETTE R. KANE, Defendant AND NOW, this nRn~~ day of r-/~~ DAWN L. PARKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT f 232 SUPPORT 1989 1998 upon the verified petition of Plaintiff, it is hereby ORDERED and DECREED that the Prothonotary is directed to enter Judgment in favor of Plaintiff, Dawn L. Parker, and against Defendant, Everette R. Kane, in the amount of $2,930.39. It is further ~ i .f M ~- t f'+~' ~ t Irk I = e~.~-G d fz '~ ORDERED and DECREED that 7)v/1R~T~ L Re La {-;~S al=F,'c ~ ~vit E~F~~-~.~c.-~T ..~-d '1"1, a• G- C o d ~~ r~t~ ~ h oc.1" i ~! y e S t h e d w C ~t c~ ~ P Fo /t. C f?~ i~3 d on emp tad C„,~ R-r ~-F ,tic .M ~ d 4 /',~,~qi ~.; ~~ e ~ y ~ ~NFsr~c ~ we ~1 T J. Cap ' ~e.o At4-~g. roil X20 ~ CuP~c~n`~ I~~~~ ~~ ~ ..~ ~~ ~ r ' Cam. ~+`~ `,w .,-. t_ ... ~ ,._ ~. .. .J .. r. PACSE5 Case No. 203000033 DAWN L. PARKER, Plaintiff v. . EVERETTE R. KANE, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT 232 SUPPORT 1989 ORDER OF COURT Legal proceedings have been brought against you alleging that you have disobeyed an order of court for support. (1) If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the court your defenses or objections. (2) You, court on _ (a.m./p.m.) Courthouse Everette R. Kane, Respondent, must appear in person in (day and date) at in (court)room Cumberland County Courthouse, Square, Carlise, PA, 17013. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. 1 (3) If the court finds that you have willfully failed to comply with its order for support, you may be found to be in contempt of court and committed to jail, fined or both. BY THE COURT: DATE OF ORDER: Judge YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Services, Inc. 8 Irvine Row Carlise, PA 17013 S. WALTER FOULKROD, III, ESQUIRE Pa. Supreme Court I.D. No. 01982 S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 ANDREW H. FOULKROD, ESQUIRE Pa. Supreme Court I.D. No. 77394 S. WALTER FOULKROD, III & ASSOCIATES 2215 Forest Hills Drive - Suite 35 Post Office Box 6600 Harrisburg, Pennsylvania 17112-0600 Telephone: [717] 591-0400 Fax: [717] 541-1727 DAWN L. PARKER, Plaintiff v. EVERETTE R. KANE, Defendant Attorneys for Plaintiff: Dawn L. Parker PACSES Case No. 203000033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT 232 SUPPORT 1989 VERIFIED PETITION OF PLAINTIFF, DAWN L. PARKER, FOR ENTRY OF JUDGMENT IN THE FULL AMOUNT OF ARREARS ($2,930.39) PURSUANT TO Pa.R.C.P. No. 1910.23-1(b)(1) AND REQUEST FOR IMMEDIATE EVIDENTIARY HEARING BEFORE THE COURT PURSUANT TO Pa.R.C.P. No. 1910.21-2(a)(2) ON THE ISSUE OF WHETHER DEFENDANT, EVERETTE R. KANE, IS IN CONTEMPT OF COURT FOR REPEATED AND WILLFUL VIOLATIONS OF HIS OBLIGATIONS OF SUPPORT AND NOW, comes Plaintiff, Dawn L. Parker ("Ms. Parker"), and petitions this Honorable Court: (1) for entry of Judgment in the full amount of arrears ($2,930.39) pursuant to Pa.R.C.P. No. 1910.23-1(b)(1); and (2) for an immediate evidentiary hearing before the Court pursuant to Pa.R.C.P. No. 1910.21- 2(a)(2) on the issue of whether Defendant, Everette R. Kane ("Mr. Kane"), is in contempt of Court for repeated and willful violations of his obligations of support, and asserts the following in support thereof: 1. On May 10, 1989 the Honorable Harold E. Sheely (P.J.) ("Judge Sheely") entered Orders accepting Mr. Kane's acknowledgement of paternity and directing Mr. Kane to pay support in the amount of $90.00 per week. 2. On January 17, 1990, in consideration of an agreement among the parties to amend prior Order for support, Judge Sheely entered an Order reducing Mr. Kane's support obligations to $45.00 per week plus $10.00 per week to apply toward arrearages. 3. On November 27, 1990 Judge Sheely entered an Order further reducing Mr. Kane's support obligations to $40.00 per week plus $5.00 per week to apply toward arrearages. 4. On April 12, 1995 Judge Sheely entered an Order dismissing Mr. Kane's petition for a reduction of the amount of support. 5. On June 22, 1995, following a hearing on contempt, Judge Sheely found that Mr. Kane does not pay support either in a regular manner or in the amount in which he is supposed to pay. Judge Sheely further found that Mr. Kane promised to pay support each and every week thereafter. Accordingly, Judge Sheely found, "we do not expect that the payments in the future will continue off and on as they have in the past." Judge Sheely then dismissed the petition for contempt, "based on Defendant's promise to pay." Judge Sheely Ordered the payment of $40.00 per week plus $10.00 per week to apply toward arrearages. Said Order is attached hereto as Exhibit "1". 6. On August 15, 1995, based upon Mr. Kane's promise to voluntarily terminate parental rights, Ms. Parker agreed to cancel all arrearages and suspend the support Order. Mr. Kane then refused to so terminate his rights as he promised he would. Accordingly, on August 29, 1995 Ms. Parker again filed a Complaint for Support and on October 10, 1995, Judge Sheely Ordered support in the amount of $40.00 per week. 7. On June 5, 1997, following a hearing on contempt resulting from non-payment of support (arrearages of $1298.29), Judge Sheely Ordered support in the amount of $200.00 per month, and further Ordering, "The first weekly payment that is missed, the Court directs that he be notified to come in, and I would anticipate sending the Defendant to jail at that time." Said Order is attached hereto as Exhibit "2". 8. Mr. Kane has failed to make any support payments since July, 1998. A Cumberland County Domestic Relations printout of payment, disbursement and arrearage history for the relevant time period is attached hereto as Exhibit "3". Support expenses for the minor child for which an Order of Support was entered, Ashten C. Parker, born January 30, 1986, have not decreased and in fact have, naturally, increased over time. 9. Mr. Kane should be held in contempt of Court for failure to make his support payment in August, 1998 10. Mr. Kane should be held in contempt of Court for failure to make his support payment in September, 1998. 11. Mr. Kane should be held in contempt of Court for failure to make his support payment in October, 1998. 12. Mr. Kane is in arrears as of October 6, 1998 in the amount of $2,930.39. See Certification of Arrearage attached hereto as Exhibit "4". 13. This Honorable Court is authorized to enter Judgment in the full amount of arrears ($2,930.39). Pa.R.C.P. No. 1910.23-1 (b) . 14. An enforcement conference is currently scheduled before Conference Officer Todd A. Moul on Friday, October 9, 1998. Due to Mr. Kane's repeated and willful non-compliance with and contempt of this Honorable Court's Order of Support, Ms. Parker believes and therefore avers that a Domestic Relations enforcement conference would be ineffective and merely provide Mr. Kane with more time to ignore his obligation of support. WHEREFORE, Plaintiff, Dawn L. Parker, respectfully requests that this Honorable Court enter an Order: (1) for entry of Judgment in the full amount of arrears ($2,930.39) pursuant to Pa.R.C.P. No. 1910.23-1(b)(1); and (2) scheduling an immediate t evidentiary hearing before this Honorable Court, pursuant to Pa.R.C.P. No. 1910.21-2(a)(2), on whether Mr. Kane should be held in contempt of Court for repeated and willful violations of his obligations of support. Respectfully submitted, r f', S. W "~~'~' ~R ~ULKROD, I I I & ASSOCIATES / 41~~ B f{''~~ ~~~~, Date : ,; y: 4 .; S. ER FOULKROD, III Attorney I.D. No. 01982 S. WALTER FOULKROD, IV Attorney I.D. No. 65207 ANDREW H. FOULKROD Attorney I.D. No. 77394 Attorneys for Plaintiff DAWN L. PARKER 2215 Forest Hills Drive, Suite 35 P.O. Box 6600 Harrisburg, PA 17112-0600 (717) 541-0400 } ~) ~ ~ . .-~ _ Y` I am certain if he pays this each and every week, everyone will be satisfied and eventually the arrears should be paid off; however, we do not expect that the payments in the future will continue off and on as they have in the past. Therefore, based on the Defendant's promise to pay $40.00 a week plus $10.00 a week on the arrears each and every week, I dismiss the petition for contempt and we will amend the order to read that from this date forward the Defendant shall pay for the support of his daughter the sum of $40.00 per week plus $10.00 per week on the arrears. This order shall continue in this manner until the arrears have been paid in full. By the Court, ~`" _ ~; H rold E. Sheely, P.J. ichael R. Rundle, Esquire S cial Counsel for D.R.O. Elle K. Barry, Esquire Assistant Public Defender :lfh DAWN 'L. GITTINGS, Plaintiff V. EVERETTE R. BANE, Defendant LISA M. SINGER, Plaintiff V. EVERETTE R. BANE, Defendant ~ ` ~"7 ~[ DR 16,157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORTS 232 SUPPORT 1989 DR 20,093 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORTS • 491 SUPPORT 1992 IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 5th day of June, 1997, a hearing was held today on these two orders, one of which is an active order. That's the Gittings case, 232 Support 1989. One of them is a suspended order. That's the Singer case, 491 Support 1992. I have been informed that the child in that case was adopted in 1996. Therefore, the support order ended as of that time, but there are arrears owed. To make a long story short I'm going to make this order. The Court directs that on the Gittings case the Defendant pay the sum of $200.00 per month. On the other case that he pay the sum of $50.00 per month. The first weekly payment that is missed, the Court directs that he be notified to come in, and I would anticipate sending the Defendant to jail at that time. By the Court, .--~ cold E. Shee P.J. ;~... r•~ - ~= ~.: ~:, y: . ~. FAX N0. 717 240 6248 OCT-06-98 TUr. 1133 AM CUMB CTY DRO r L~ the Court of Common Pleas of CUMBk:Rr,,A1vn County, Pennsylvania D<?411;,S'TIC RP:I.ATIOtiS bT:C'r10N P.U. AOX 32U, CARLI.'iLR, 1'A. 19013 Phone: (717) 240-6225 raK: (~1~} 240-624f3 OCTOBER 6, 1998 P~cllntlff Name: DAWN L. PARKER-GITTINGS Defendant Nalne: E'VERETT£ R. KANE Docket Number: 232 s 89 PACSES Case Number: 203000033 Other State 1D Number: /(~/S7 i'leuse note; All correcpoadtmce wuct i,tcludc the 1'ACSI'S Csce Nntuber, Certii ication of Arrearage P 0~ 1, TODD A. Motn ,hereby certify that arrearages on the above captioned support order as of OCTOBER 6, 1998 total $ 2, 930.39 - o CIS ?' Dace Signature E:~ -~ w.',.'r.. ~~ +.Z~~~~:~~ ' ~ ' i m~ nand //~ ,,' r. f ~~•' - - ~: ~ `~ '' ~.. ~ ~'~t ',c, State F~~rm # Service Type M OCT-06-1998 11 41 Farm EN-003 Worker ID 2 ~ ~ 01 717 240 6248 96x P.02 r i V E R I F I C A T I O N I, Dawn L. Parker, have read the foregoing verified petition which has been drafted by my counsel on my behalf. The information contained therein is based upon information I have provided to my counsel but the wording and phraseology is not mine. The information contained therein is true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn fabrication to authorities which provides that, if I knowingly make false averments, I may be subject to criminal penalties. ,~ 1 1~,, . ~ ~ ~, ~- Date ~ ,, ~ _.~ L ~ ~ a :. ~ t._. ` ~, ;~'~ D wn L. Parker r .x ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cppy of the ,I, 1998, via Certified Mail and addressed as follows: forgoing verified petition was served this ~ day of Everette R. Kane 130 Conodoguinet Mobile Est. Newville, PA 17241 S . WALTER F,OULF~R~D, I I I & ASSOCIATES ~ '; A ~, ~ By ~ _ i~r; ~L ~~ !" 4 r f~ s 'r. t.' ~"1r e.l J~ t~~~. l' Jti. -. +.i ~a ~~ t~ ~'; ' t ~. ~` ~~ c~~-~ ~ ~~ '. ~`, ,, ~u