Loading...
HomeMy WebLinkAbout08-0557. pg_ ~7 Crv~l Term IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION Richard W. Super III Vs. CASE #2006-00746-CD Michele R. Super CERTIFICATION OF DOCKET ENTRIES I, William A. Shaw, Prothonotary of the Court of Common Pleas of Clearfield County, Pennsylvania, do hereby certify that the attached is a certified and full copy of the docket entries in the above captioned case. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the Court, on the 20th day of December, 2007. William A. Shaw _ Prothon ary BY: ~~ Deputy Date 12/Zy'/2007 Cleartield County Court of Common Pleas Time: 10:31 AM ROA Report Page 1 of 3 Case: 2006-00746-CD Current Judge: Paul E. Cherry Richard W. Super IIIvs.Michele R. Super Custody Date 04/11/2006 Petition For Emergency Ex Parte Custody Relief, filed by s/ Barbara J. Hugney-Shope Es uir 4CC , q e. Atty. Shope Order, NOW, this 11th day of April, 2006, upon consideration of Plaintiffs Petition for Emergency Ex Parte C t d us o y Relief, it is Ordered: Plff is granted primary physical custody of the minor children, and Def. is to return the said children to the custody of the Pl i iff a nt at her residence on April 15, 2006, no later than 5:00 p.m. Hearing on Plaintiffs Petition will be h ld e on May 8, 2006 at 2:00 p.m. in Courtroom No. 2. You, Richard W. Super, III, are ordered to appear in person for the hearing. By The Court /s/ P l E , au . Cherry, Judge. 4CC Atty. Shope (will serve). 04/18/2006 Affidavit of Service filed. This 18th day of April 2006 served a certified copy of the Petition for Emergency Ex Parte C t d us o y Relief, filed in the above-captioned matter upon Richard Super, filed by s/ Barbara J. Hugney-Shope Es 1CC A q. tty Hugney-Shope. 04/20/2006 Answer To Petition For Emergency Ex Parte Custody Relief And Petition For Custody, filed by s/ John R. Ryan Es uire 4CC 04/21/2006 , q . Atty. Ryan Certificate of Service, filed. Served a certified copy of Answer to Petition for Emergency Ex Parte Custody Relief and P titi e on for Custody filed on behalf of Richard W. Super III in the above captioned matter on the 20th day of April 2006 to Barba J H ra . ugney-Shope Esq., filed by s/John R. Ryan Esq. No CC. 04/24/2006 Order AND NOW, this 21st day of April 2006, the Court having reviewed the Defendant's Answer to Plaintiffs Petition for Emergency Ex Parte Custody Relief, and in consideration for the averments therein as well as Defendant's Petition for Custody, it is ORDERED that the hearing scheduled for May 8, 2006, be and is hereby cancelled, and the matter shall be heard by the Court on the 2nd day of May 2006 at 2:30 p.m. in Courtroom No. 2 of the Cleartield County Courthouse, Cleartield, PA. BY THE COURT: /s/ Paul E. Cherry, Judge. 4CC Atty Ryan. 04/26/2006 Motion For Continuance, filed by s/ Barbara J. Hugney-Shope Esq. 4CC Atty Shope. 05/01 /2006 05/11/2006 Order NOW, this 25th day of April, 2006, upon consideration of Plaintiffs Motion for Continuace of the hearing scheduled for May 2, 2006 at 2:00 p. m. it is hereby ORDERED that Plaintiffs Motion for Continuance is hereby granted. The hearing originally scheduled for May 8, 2006, and rescheduled for May 2, 2006 at Defendant's request is rescheduled for the 28th day of April 2006 at 11:00 am in Courtroom NO. 2 of the Clearfield County Courthouse, Clea~eld, PA. BY THE COURT: /s/ Paul E. Cherry, Judge. 4CC Atty Shope. Order, NOW, this 28th day of April, 2006, Ordered that a Custody Trial has been scheduled for Friday July 28, 2006 at 9:00 a.m. in Courtroom No. 2. 1 day has been allotted for this matter. By The Court, /s/ Paul E. Cherry, Judge. 2CC Attys: Ryan, Shope New Case Filed. Judge No Judge No Judge No Judge No Judge No Judge No Judge No Judge No Judge No Judge User: BHUDSON Filing: Custody Complaint Paid by: Ryan, John R. (attorney for Super, No Judge Richard W. III) Receipt number: 1913756 Dated: 05/11/2006 Amount: $85.00 (Check) 4CC Atty Ryan Date: 12/20/2007 Clearfield County Court of Common Pleas User: BHUDSON Time: 10:31 AM ROA Report Page 2 of 3 Case: 2006-00746-CD Current Judge: Paul E. Cherry Richard W. Super IIIvs.Michele R. Super Custody Date ~ Judge 05/17/2006 Acceptance of Service, I accept service of the Custody Complaint filed in No Judge the above referenced case on behalf of the Defendant, Michele R. Super , now known as Michele R. Fontenoy. Filed by s/ Barbara J. Hugney-Shope , Esquire. No CC 06/09/2006 Temporary Order, NOW, this 28th day of April, 2006, following hearing on No Judge Petition for Emergency Ex Parte Custody Relief, it is the Order of this Court that the petition is dismissed. Futher Ordered that, pending further Order of Court, custody trial and then further Order of Court, as follows: (see original for custody details). By The Court, /s/ Paul E. Cherry, Judge. 2CC Attys: Shope, Ryan 06/22/2006 Order, AND NOW, this 21st day of June, 2006, Order of this Court that the No Judge Clea~eld Co. Prothonotary transfer all filings in the above-captioned cases , from April 11, 2006, to the present to Docket Number 06-746-CD. All future filings in this matter shall be made to Docket Number 06-746-CD. BY THE COURT: /s/Paul E. Cherry, Judge One CC Attys: Ryan, Shope 08/03/2006 Order, NOW, this 28th day of July, 2006, this being the day and date set for Paul E. Cherry custody trial; following taking of testimony, Ordered that counsel for both parties provide the Court with letter brief and proposed Order no later than Monday, August 14, 2006. By The Court, /s/ Paul E. Cherry, Judge. CC. to Hugney-Shope & Ryan 08/25/2006 Order, NOW, this 25th day of August, 2006, following custody trial, Paul E. Cherry Ordered: (see original for custody details). By The Court, /s/ Paul E. Cherry, Judge. 2CC Atty. Ryan, 2CC Atty. Shope 10/04/2006 Stipulations, filed. NOW THIS 30th day of September 2006, upon No Judge stipulation of Richard W. Super III and his counsel, John R. Ryan it is hereby agreed that John R. Ryan is permitted to withdraw as counsel for Richard W. Super III, filed by s/ John R Ryan Esq and s/ Richard W. Super III. 3CC Atty Ryan. Praecipe for Withdrawal of Appearance, filed. Pursuant to the Stipulation No Judge dated September 30, 2006, please withdraw my appearance as counsel for Richard W. Super III, defendant in the above-captioned action, filed by s/ John R. Ryan Esq. 3CC Atty Ryan and copy to C/A. 05/07/2007 Contempt Petition and Petition to Modify, filed by Atty. Foor on behalf of No Judge Michele R. Fontenoy 3 Cert. to Atty. Foor. 05/08/2007 Notice and Order to Appear, Legal proceedings have been brought against Paul E. Cherry you alleging you willfully disobeyed an order of Court for partial custody. Whether or not you file in writing with the Court your defenses and objections, you must appear in person in court on June 8, 2007 at 9:00 , a.m. in Courtroom 2. Petition to Modify will be heard at the same time. by the Court, /s/ Paul E. Cherry, Judge. 3CC Atty. Foor 05/21/2007 Certificate of Service, filed. That on the 11th day of May 2007, served a Paul E. Cherry copy of the Contempt Petition and Petition to Modify filed in the above captioned matter on Richard W. Super III, filed by s/ Robin Jean Foor Esq. 1 CC Atty Foor. 06/11/2007 Order, this 8th day of June, 2007, following hearing on Petition for Paul E. Cherry Contempt and Petition to Modify, it is Ordered: 1. Mother's Petition for Contempt is dismissed; 2. Mother's Petition to Modify this Court's Order of Au ust 25 2006 i g , s granted. The Children are permitted to be in the presence of Trampas Carns. By The Court, /s/ Paul E. Cherry, Judge. 2CC Plff @ 632 Erford Rd., Camp Hill, PA 17011; 2CC Atty. Foor Date: ,1,2/2tj2007 Cleartield County Court of Common Pleas User: BHUDSON ,,, Time: 10:31 AM ROA Report Page 3 of 3 Case: 2006-00746-CD Current Judge: Paul E. Cherry Richard W. Super IIIvs.Michele R. Super Custody Date 11/27/2007 Petition to Transfer of Case, filed by s/John R. Ryan Esq. 3CC Atty Ryan. 11/28/2007 Rule, this 27th day of Nov., 2007, Rule is issued upon Defendant. Rule returnable for written response the 17th day of Dec., 2007. By The Court, /s/ Paul E. Cherry, Judge. 3CC Atty. Ryan 11/30/2007 Certificate of Service, filed. Served a certified copy of Petition for Transfer of Case, with attached Rule, filed on behalf of Richard W. Super III, Plaintiff in the above captioned matter by first class mail on the 29th day of November 2007 to Robin Jean Foor Esq., filed by s/John R. Ryan Esq. No CC. 12/18/2007 Order, this 18th day of Dec., 2007, it is Ordered that the above captioned action be tranferred to the Court of Common Pleas of Cumberland County, Pennsylvania, and that this Court hereby relinquishes jurisdictionoveravy further proceedings pertaining to the custody of the minor children which are subjects thereof. The Prothonotary shall forward the record to Cumberland County. By The Court, /s/ Paul E. Cherry, Judge. 1CC Attys: Ryan, Foor, Shope Judge Paul E. Cherry Paul E. Cherry Paul E. Cherry Paul E. Cherry 12/19/2007 Filing: Praecipe to Transfer Case/Exemplified Record Paid by: Ryan, John Paul E. Cherry R. (attorney for Super, Richard W. III) Receipt number: 1921916 Dated: 12/19/2007 Amount: $15.00 (Check) filed by s/John R. Ryan, Esq. Three CC Attorney Ryan I hereby certify this to be a true and attested copy of the original statement filed in this case. OEC 2 0 2007 ,attest. ~.,:cc:...~.~.. Prothonotary/ •- - Clerk at Courts • ~ • iw '. IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant No. 06 - 746 - CD PRAECIPE TO TRANSFER CASE Filed on behalf of: Plaintiff, RICHARD W. SUPER, III Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 BELIN, KUBISTA & RYAN 15 N. Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 ~S~~SbU ICED ~yQr 3 S~ 3C~,~ 1 .- m 'DEC 19 2007 William A. Shaw ~'rothonotary/Clerk of Courts ii M ~, ~ ,. s i IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, ' ; Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, ; Defendant PRAECIPE TO TRANSFER CASE TO WILLIAM A. SHAW, PROTHONOTARY: Pursuant to the Court's Order of December 18, 2007, please forward the record filed to the above term and number to the appropriate filing office in Cumberland County. BELIN, KUBISTA & RYAN John R. Ryan Attorney for Plaintiff KI~I3d "Q"I3I32I .- l µ i XOH O d .L33N' S ? ^lO2IS ii.L210[~l Si /X1d7 1d S~3I~I2IO.L.I.V ni~TA2i ~ ~'.LSIgIl?I `1~II'I~g FILED DEC 19 1007 William R. Shaw i'rothonotary/C-erk of Courts i~ • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant ORDER AND NOW, this day of December, 2007, upon consideration of the foregoing Petition, and no written response having been filed in opposition thereto, it is the ORDER of this Court that the above captioned action be transferred to the Court of Common Pleas of Cumberland County, Pennsylvania, and that this Court hereby relinquishes jurisdiction over any further proceedings pertaining to the custody of the minor children which are the subjects thereof. The Prothonotary for Clearfield County shall forward the record to the appropriate filing office in Cumberland County. BY THE COURT: ~~ Paul E. Cherry Judge FILED '~~,~5- D~~18 007 ~~~ F William A. Shaw ~l0 Prothonotary/Cleric of Courts j^~, ~ ~~ ~ 4 p V RRRJJJ ysye- 7 t~~ ~ _ 4 ~: C~ n ,~ ~ ° Ix1 ~~ g b 0 `~ `, ~ ~. c~ ~ ~ ~ ! (~ w .. 0 'g~ S s a I c~ J 0 w N' ~~ ~ ~ ~~ °~ o `~' c ii ~ ~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff . vs. MICHELE R. SUPER, now known as MICHELE R. FONTENOY, . Defendant No. 06 - 746 - CD CERTIFICATE OF SERVICE Filed on behalf of: Plaintiff, RICHARD W. SUPER, III Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 BELIN, KUBISTA & RYAN 15 N. Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 ~. N°~ >,t ,.~~~ ~ 5 ;fin .. ,~,;',!iarn ,A.. ;;naw r: - s ,or ~t°ylCierk o; Court=: ii • a . ` IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, . Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant CERTIFICATE OF SERVICE This is to certify that I have served a certified copy of Petition for Transfer of Case, with attached Rule, filed on behalf of RICHARD W. SUPER, III, Plaintiff in the above captioned matter on the following party by postage prepaid first-class United States mail, on the 29~' day of November, 2007: Robin Jean Foor, Esquire Midpenn Legal Services, Inc. 211 East Locust Street Clearfield, PA 16830 Attorney for Defendant BELIN, KUBISTA & RYAN J R. Ry Attorney for Plaintiff ~„~: ~,.: ,;. ~:,,- : . ,. ... '~ ' • ~.. ~ • • ,, , IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD W. SUPER, III, Plaintiff vs. MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant No. 06 - 746 - CD PETITION FOR TRANSFER OF CASE Filed on behalf of Plaintiff Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 BELIN, KUBISTA & RYAN 15 N. Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 FILED ~~a ~ NOV 2'~ 2 v~ William A. Sh Prothonotary/Clerk of Courts • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant RULE ~'~ NOW THIS oZ 7 of ~~1007, upon consideration of the foregoing Petition for Transfer of Case, it is the ORDER of this Court that a Rule be issued upon the Defendant to show cause why the relief requested therein should not be granted. Rule made returnable for written response the 1'7 ~~' day of ~.~p~iOeY , 2007. In the event no response is filed, the Court will issue an Order without further hearing being held granting the relief requested in said Petition. In the event that a written response is filed showing cause why the relief requested should not be granted, the Court will schedule argument thereon. BY THE COURT: ~~ Paul E. Cherry Judge ~ [)3Cc R ~ i R e ~ .. i /t ~/''~~ 'TJilliart~ P,. ~h<iW >"rottu~noUirylGlerk ~f C,otrrt.5 r ,4' .~ F 4 ~N 1C~ ~r~ „~ G FF (o ~ y ~ ~ °~--_ ~i`~,~v ~ ~ ~ ~. ~. ~~ ~~ ~~~~ R ~ ~ ~ ~ w. h' ~ 5 ~ ~ ~. a_ a o 0 F b ~. ii IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD W. SUPER, III, Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant PETITION FOR TRANSFER OF CASE NOW COMES, Richazd W. Super III, Plaintiff above named, and by his Attorneys, Belin, Kubista & Ryan, petitions the Honorable Court as follows: 1. Petitioner is the Plaintiff in the above captioned action which involves the custody of the minor children Joelle Super, d.o.b. 5/23/95, and Jenna Super, d.o.b. 11/12/96. Petitioner is the father of the said minor children. 2. Respondent is the mother of the said minor children. 3. On August 25, 2006, this Court entered an Order granting primary physical custody of the said minor children to Petitioner. 4. Since the entry of the said Order, the children have resided with Petitioner at his home in Cumberland County, Pennsylvania. 5. Since the entry of the said Order, the children have attended school in Cumberland County, have participated in various activities in Cumberland County and have otherwise established the majority of their significant connections in and with said County. • • 6. Petitioner believes and therefore avers that the proper venue for any further proceedings relating to the custody of said children should take place in Cumberland County, rather than Clearfield County. WHEREFORE, Petitioner requests that the Court issue a Rule upon Respondent for Written Response to show cause why the above captioned action should not be transferred to Cumberland County. BELIN, KUBISTA & RYAN John .Ryan Attorney for Plaintiff • • I verify that the statements made in this Petition aze true and correct. I understand that false statements herein aze made subject to the penalties of Pa. C.S. 4904, relating to unsworn falsification to authorities. ~no'J ~ ~ai~/ti~ouo~aa ~uS b ~e111!N1 ~OOZ ~ ~ AON 4311 • . ~ ^ o • 1 i ~~~ ~ • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III -vs- No. 06-746-CD MICHELLE R. SUPER, now known as MICHELLE R. FONTENOY O R D E R ~~Q~~F ~~~~~ F I LED~.r~ ~,~. ~) ~ .~~~ .SUN 11 ZOOl~~ , William A. Shaw t'rothonotary/Clerk of Courts AND NOW, this 8th day of Tune, 2007, following hearing on Petition for Contempt and Petition to Modify, taking of testimony, and upon consideration of same, it is the ORDER of this Court as follows: 1. Mother's Petition for Contempt shall be and is hereby dismissed; 2. Mother's Petition to Modify this Court's order of August 25, 2006, shall be and is hereby granted. Paragraph 4 of this Court's Order of August 25, 2006, shall be and is hereby vacated and the children are permitted to be in the presence of Trampas Carns. All other terms and provisions of this Court`s order of August 25, 2006, shall be strictly adhered to by both parties, unless they otherwise mutually agree. BY THE COURT, coo ~ ~~. You a-< ;~. _ °,~; serv;rg ~~ appropriate parties. The }'ro~'~.~.r_~=>~~-'s of*tee has pros~idec service w the following parties; __~__Pl~intij( ___._-'laintiff(sjAttomey Other Defendant(s) Defendant(s) Attorney ~pec'al Instructions: FILED ,fUN ~ ~- 2007 ~Iliam A. Shaw Prothonotary/Clerk of Courts /" ~ ~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA-CIVIL DIVISION * Richard W. Super, III, Plaintiff * NO.: 06-746-CD * * Type of Case: Custody vs. * Type of Pleading: Certificate of Michele R. Super now known as * Service Michele R. Fontenoy, Defendant * Filed on Behalf of: Michele R. Fontenoy * * Counsel of Record for this Party: * Robin Jean Foor, Esquire * * Supreme Court No.: 41520 * * MidPenn Legal Services * 211 East Locust Street * Clearfield, PA 16839 *(814)765-9646 F E ~~ MA 1~2 ~~ William A. Sh Prothonotary/Clerk oi` Courts / ~ • • CERTIFICATE OF SERVICE I, Robin Jean Foor, Esquire, hereby certify that on the 11th day of May, 2007 I IN THE COURT OF COMMON PLEAS, CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION Richard W. Super, III Plaintiff vs. N0.06-746-CD Michele R. Super, now known as Michele R. Fontenoy, Defendant served a copy of the Contempt Petition and Petition to Modify filed in that above captioned matter to the following individual by first class mail, postage prepaid: Richard W. Super, III 632 Erford Road Camp Hill, PA 17011 Robin ean Foor PA ID # 41520 MidPenn Legal Services Inc. 211 East Locust Street Clearfield. PA 16803 (814)765-9646 Q © 03 U ~ r . /ate/ f/ <'!~ ~ ~ ~ ~U ~ ~~ • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA-CIVIL DIVISION * Richard W. Super, III, * Plaintiff * NO.: 06-746-CD * * Type of Case: Custody vs. * * Type of Pleading: Contempt Petition Michele R. Super now known as * and Petition to Modify Michele R. Fontenoy, * Defendant * * Filed on Behalf of: Michele R. Fontenoy * * Counsel of Record for this Party: * Robin Jean Foor, Esquire * * Supreme Court No.: 41520 * * MidPenn Legal Services * 211 East Locust Street * Clearfield, PA 16839 *(814)765-9646 FILE MAY 0 7 2007 ~~~ Z : o y ~ c,~.,J Ilam A Shaw i'~otli0notary/Clerk of Court 3 c-~.,- ~t-o /a-t--~ • IN THE COURT OF COMMON PLEAS, CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION Richard W. Super, III Plaintiff F vs. : N0.06-746-CD ~ ~ $ DD' Michele R. Super, now known as : v1lAttam A. Shaw Michele R. Fontenoy, p"~1O"0~'~`~~~~Of "~ Defendant 3~ o°°i NOTICE AND ORDER TO APPEAR Legal proceedings have been brought against you alleging you willfully disobeyed an order of Court for partial custody. 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. Whether or not you file in writing with the Court your defenses and objections, you must appear in person in court on _ J~,ne g , at Q'-o0 o'clock fl .m., in Courtroom ,~, Clearfield County Courthouse, Clearfield, Pennsylvania. Michele R. Fontenoy's Petition to Modify will be heard at the same time. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the court finds that you have willfully failed to comply with its order for partial custody you may be found in contempt of court and committed to jail, fined or both. YOU SHOULD TAKE THI5 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. Court Administrator Clearfield County Courthouse Second and Market Streets Clearfield, PA 16830 (814)765-2641 BY THE COURT: C~~ ~ ~ o a ~ <~~ ~ Paul E. Cherry, Judge r° N W co d O r.~ Q ~ b r ~~ O r~ .,<~, s ~_ ~ O ~ b o n 'S t~. G ~~ 'b w ~~ ~~ • • IN THE COURT OF COMMON PLEAS, CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION Richard W. Super, III Plaintiff vs. : NO.06-746-CD Michele R. Super, now known as Michele R. Fontenoy, Defendant CONTEMPT PETITION AND PETITION TO MODIFY Petitioner, Michele R. Fontenoy, by and through her attorneys, Robin Jean Foor, Esquire and MidPenn Legal Services, allege as follows: 1. The parties are the parents of Joelle Super (d.o.b. 5/23/95) and Jenna Super (d.o.b. 11/12/96). 2. An order concerning custody of the children was entered on August 25, 2006 following a custody trial. A copy of that order is attached. 3. The order provides for petitioner to have partial custody every other weekend.. 4. Father has refused to allow mother to exercise her periods of partial custody since the end of January, 2007. 5. The order also forbids mother to allow the children to be in the presence of her boyfriend, Trampas Carns. 6. Mother resides with Mr. Carns but has made arrangements so that the children would not have contact with Mr. Carns during partial custody. 7. Mother does not believe that Mr. Cams poses any threat to the children. WHEREFORE, petitioner requests this Court to find respondent in contempt of the August 25, 2006 Court Order, to order make up periods for the partial custody • petitioner has been denied and to Modify that order to allow the children to have contact with Mr. Carns. - -- Robin Jean Foor PA ID # 41520 MidPenn Legal Services Inc. 211 1/2 East Locust Street Clearfield. PA 16803 (814)765-9646 • • EXHIBIT A ,She • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA. CIVIL DIVISION RICHARD W. SUPER, III NO.Ob-746-CD Plaintiff V. MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant ORDER AND NOW, this 25~' day of August, 2006, following custody trial, the taking of testimony and upon consideration of the same, the Court is satisfied that the imposition of the following Order is in the best interests of the minor children, it is hereby the ORDER of this Court as follows: Richard W Super, III ("Father") and Michele R. Fontenoy ("Mother") shall share joint legal custody of the minor children, Joelle Super, d.o.b. 5/23195, and Jenna Super, d.o.b. 11/12!96. Legal custody is defined as the legal right to make major decisions affecting the best interests of the minor child, including, but not limited to medical, religious and educational decisions and wherein each parent shall have equal access to any and all medical, dental, ocular, mental health, school and legal records. Medical, dental, ocular and mental health providers and school administrators shall accept a copy of this Order as authorization to release to either parent any documentation andlor records as may be requested. In addition, it is understood by both parents that they shall communicate fully with the other in an effort to ensure that all directives pertaining to the minor children from physicians, dentists and teachers are • • followed absolutely and all information pertaining to any prescriptions the child is on is exchanged between the parties. 2. Father shall have primary physical custody of the minor children. 3. Mother shall have the following periods of partial custody of the minor children: a. Beginning on Friday, September 1, 2006, every other weekend beginning on Friday evenings at 6:00 P.M. until Sunday evening at 8:00 P.M. b. During each summer, the parties shall alternate weeks of custody beginning the first Sunday following the last day of school and ending the last Sunday preceding the start of the new school year with Mother to have the first full week of summer visitation provided Father is working during said week. In the event Father is not required to work on the first full week of summer visitation, Father shall then have the first week of summer visitation, with the parties alternating weeks thereafter. c. At such other times as the parties may agree. d. The parties shall shaze custody for the following holidays: i. THANKSGIVING - in odd numbered years, Mother shall have custody from 4:00 P.M. the day before Thanksgiving until 4:00 P.M. on Thanksgiving Day. Father shall have partial custody from 4:00 P.M. on Thanksgiving Day until 8:00 P.M. the Sunday following Thanksgiving. In even numbered years, Father shall have custody from 4:00 P.M. the day before Thanksgiving until 4:00 P.M. on • • Thanksgiving Day. Mother shall have partial custody from 4:00 P.M. on Thanksgiving Day until $:00 P.M. the Sunday following Thanksgiving. ii. CHRISTMAS - in odd numbered years, Father shall have custody from 4:00 P.M. the day before Christmas until 3:00 P.M. on Christmas Day. Mother shall have custody from 3:00 P.M. on Christmas Day until 6:00 P.M. on December 28`h. Father shall then have custody from b:00 P.M. on December 28`" unti16:00 P.M. on December 31St In even numbered years, Mather shall have custody from 4:00 P.M. the day before Christmas until 3:00 P.M. on Christmas Day. Mother shall have custody from 3:00 P.M. on Christmas Day until b:00 P.M. on December 28~' until 6:00 P.M. on December 31 ~`. iii. EASTER - in odd numbered years, Mother shall have partial custody from the Friday before Easter at 6:00 P.M. unti18:00 P.M. on Easter Sunday. In even numbered years, Father shall have custody from the Friday before Easter at b:00 P.M. unti18:00 P.M. on Easter Sunday. iv. The parties shall alternate the minor holidays of New Years Day, Memorial Day, Independence Day (Fourth of July) and Labor Day as follows: In add numbered years, Mother shall have custody on • New Years Day and the Fourth of July and Father shall have custody on Memorial Day and Labor Day. In even numbered years, Father shall have custody on New Yeazs Day and the Fourth of July and Mother shall have custody on Memorial Day and Labor Day. The party entitled to possession shall have the child from 9:00 A.M. until 5:00 P.M. In the event that a pazent is entitled to possession of the child an a holiday which falls an a Monday and that parent is also entitled to the immediately proceeding weekend, that pazent shall then be able to maintain the child aver Sunday evening. v. Mother shall always have custody of the parties' child for the weekend that includes Mother's Day. vi. Father shall always have custody of the parties' child for the weekend that includes Father's Day. vii. Holiday, MotherlFather's Day and summertime periods of custody shalt tape precedence over the other periods of custody as set forth herein. 4. Mother shall not permit the children to be in the presence of Trampas Corns during any period when the children are in her custody. 5. Each party at all times shall inform the other party of his ar her current address and telephone number. • • 6. Neither pazent shall restrict telephone contact between the child and the parent not in possession of the child. The parent who is not in possession of the child may have reasonable telephone contact with the child, which means up to three (3) telephone calls per week providing the same is done by and no later than 8:00 P.M. 7 At such time as the Mother regains her driver's license, the parties shall shaze transportation, in that they shall meet to exchange physical custody at a location which is approximately half way between their respective residences. The parties may mutually agree to other transportation arrangements. Until such time as Mother regains her driver's license, Father shall continue to provide such transportation as is necessary to accommodate the periods of custody set forth herein. 8. Each party shall keep the other informed of the progress of the children's health, education and social activities and overall welfare of the children.. 9. Both parents shall keep in mind the schedules of the minor children pertaining to their school and extracurricular activities which they may be involved in during the times the children are in their custody. Further, neither party shall discourage the minor children from participating in their activities. Neither party shall allow any third parties to discourage the children from participating in activities. 10. Both Mother and Father shall communicate with each other with regard to the well being and best interest of their children and shall not communicate through the children. 11. Neither party shall malign or speak in a derogatory fashion about the other party in the presence of the children nor will he or she permit anyone else to do so. Each parent will exercise his or her best efforts to promote a healthy relationship • between the children and the other parent and the other parent's family. The parties are directed to conduct themselves in a reasonable and appropriate manner at all times during their interactions with each other and their family members concerning custody of the children and issues relating to the children's care and nurturance. 12. During either parties' possession of the minor children, if either of the children has a serious illness or injury which requires medical attention, that party shall immediately notify the other parent. 13. When the parties mutually agree, the periods of physical custody of either parry with the minor children can be modified by agreement of the parties to meet the changing needs and activities of the children. 14. Both parties are hereby given express permission by the Court to tape record any telephone discussion that they may have with each other or tape record and/or video tape any discussions which may take place during any time the children aze exchanged to facilitate the custodial purposes. The tape recordings may be by either a visible or concealed tape recorder. In the event that either party shall file a petition with the Court requesting that the other party be held in contempt for inappropriate statements during telephone calls or during periods when the child is exchanged, the Court will not consider the same without a tape recording or video taping of the situation. 15. This Order supersedes previous Orders in this matter. ( hereby cert ~ this to be a true and attested opy of the original statement fi( din this case. AU 2 5 2Qp~ fittest. ~~-- Prothonoiary/ - Clerk of Gourts BY THE COURT, PA E. CHERRY, JUDGE • • VERIFICATION I verify that the statements made in the Contempt Petition and Petition to Modify are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. 4904, relating to unsworn falsification to authorities. Michele R. Fontenoy FILED MAY 0 '7 1001 William A Shaw prottloFlota-y/Cterk of Courts IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as : MICHELE R. FONTENOY, Defendant : PRAECIPE FOR WITHDRAWAL OF APPEARANCE Filed on Behalf of Defendant Counsel of Record for This Party: JOHN R. RYAN, ESQUIRE Pa. I.D. #38739 BELIN, KUBISTA & RYAN 15 North Front Street P.O. Box 1 Clearfield, PA 16830 (814)765-8972 ~ LE ~~ ~~ William A. Sha Prothonotary/Clerk of Courts ~, • • i IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO WILLIAM SHAW, PROTHONOTARY: Pursuant to the Stipulation dated September 30, 2006, please withdraw my appearance as counsel for RICHARD W. SUPER, III, Defendant in the above-captioned action. J R. Ry ,Esquire O ~ ~ G ~ d t...~ 4 ,. . ~ • ~ • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. MICHELE R. SUPER, now known as III' MICHELE R. FONTENOY ~, Defendant No. 06 - 746 - CD STIPULATION Filed on Behalf of: Plaintiff Counsel of Record for This Party: JOHN R. RYAN, ESQUIRE Pa. I.D. #38739 BELIN, KUBISTA & RYAN 15 North Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 F~ E ,.~ c~ Q o~ William A. Shaw Prothonotary/Clerk of Courts .. ' • .~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. MICHELE R. SUPER, now known as I, MICHELE R. FONTENOY, Defendant • No. 06 - 746 - CD STIPULATION ~~""ate NOW THIS .~Cj of ~c~~2 , 2006, upon stipulation of RICHARD W. SUPER, III and his counsel, JOHN R. RYAN, it is hereby agreed that JOHN R. RYAN is permitted to withdraw as counsel for RICHARD W. SUPER, III. J R. Ry Esquire 'chard W. S r, III '~' 0 c4 pp W o ~E '~ ~ o Y + Q ~ } ~~ . ~~ ~ ~ {'ma'r • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III Plaintiff v. MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant ORDER NO. 06-746-CD ~ I E ~~~ ~, ~~ zoos ~ William A- Shaw Prothonotary/clerk of r;ourts AND NOW, this 25~' day of August, 2006, following custody trial, the taking of testimony and upon consideration of the same, the Court is satisfied that the imposition of the following Order is in the best interests of the minor children, it is hereby the ORDER of this Court as follows: 1. Richard W Super, III ("Father"} and Michele R. Fontenoy ("Mother") shall share joint legal custody of the minor children, Joelle Super, d.o.b. 5/23195, and Jenna Super, d.o.b. 11/12/96. Legal custody is defined as the legal right to make major decisions affecting the best interests of the minor child, including, but not limited to medical, religious and educational decisions and wherein each parent shall have equal access to any and all medical, dental, ocular, mental health, school and legal records. Medical, dental, ocular and mental health providers and school administrators shall accept a copy of this Order as authorization to release to either parent any documentation and/or records as may be requested. In addition, it is understood by both parents that they shall communicate fully with the other in an effort to ensure that all. directives pertaining to the minor children from physicians, dentists and teachers are • • followed absolutely and all information pertaining to any prescriptions the child is on is exchanged between the parties. 2. Father shall have primary physical custody of the minor children. 3. Mother shall have the following periods of partial custody of the minor children: a. Beginning on Friday, September 1, 2006, every other weekend beginning on Friday evenings at 6:00 P.M. until Sunday evening at 8:00 P.M. b. During each summer, the parties shall alternate weeks of custody beginning the first Sunday following the last day of school and ending the last Sunday preceding the start of the new school year with Mother to have the first full week of summer visitation provided Father is working during said week. In the event Father is not required to work on the first full week of summer visitation, Father shall then have the first week of summer visitation, with the parties alternating weeks thereafter. c. At such other times as the parties may agree. d. The parties shall share custody for the following holidays: i. THANKSGIVING - in odd numbered years, Mother shall have custody from 4:00 P.M. the day before Thanksgiving until 4:00 P.M. on Thanksgiving Day. Father shall have partial custody from 4:00 P.M. on Thanksgiving Day until 8:00 P.M. the Sunday following Thanksgiving. In even numbered yeazs, Father shall have custody from 4:00 P.M. the day before Thanksgiving unti14:00 P.M. on • • Thanksgiving Day. Mother shall have partial custody from 4:00 P.M. on Thanksgiving Day until 8:00 P.M. the Sunday following Thanksgiving. ii. CHRISTMAS - in odd numbered years, Father shall have custody from 4:00 P.M. the day before Christmas until 3:00 P.M. on Christmas Day. Mother shall have custody from 3:00 P.M. on Christmas Day until 6:00 P.M. on December 28"'. Father shall then have custody from 6:00 P.M. on December 28`t' unti16:00 P.M. on December 315` In even numbered years, Mother shall have custody from 4:00 P.M. the day before Christmas unti13:00 P.M. on Christmas Day. Mother shall have custody from 3:00 P.M. on Christmas Day unti16:00 P.M. on December 28~' until 6:00 P.M. on December 315` iii. EASTER - in odd numbered years, Mother shall have partial custody from the Friday before Easter at 6:00 P.M. unti18:00 P.M. on Easter Sunday. In even numbered years, Father shall have custody from the Friday before Easter at 6:00 P.M. unti18:00 P.M. on Easter Sunday. iv. The parties shall alternate the minor holidays of New Years Day, Memorial Day, Independence Day (Fourth of July) and Labor Day as follows: In odd numbered years, Mother shall have custody on ii New Years Day and the Fourth of July and Father shall have custody on Memorial Day and Labor Day. In even numbered years, Father shall have custody on New Years Day and the Fourth of July and Mother shall have custody on Memorial Day and Labor Day. The party entitled to possession shall have the child from 9:00 A.M. unti18:00 P.M. In the event that a pazent is entitled to possession of the child on a holiday which falls on a Monday and that pazent is also entitled to the immediately proceeding weekend, that pazent shall then be able to maintain the child over Sunday evening. v. Mother shall always have custody of the parties' child for the weekend that includes Mother's Day. vi. Father shall always have custody of the parties' child for the weekend that includes Father's Day. vii. Holiday, Mother/Father's Day and summertime periods of custody shall take precedence over the other periods of custody as set forth herein. 4. Mother shall not permit the children to be in the presence of Trampas Carns during any period when the children are in her custody. 5. Each party at all times shall inform the other party of his or her current address and telephone number. • • 6. Neither parent shall restrict telephone contact between the child and the parent not in possession of the child. The parent who is not in possession of the child may have reasonable telephone contact with the child, which means up to three (3) telephone calls per week providing the same is done by and no later than 8:00 P.M. 7 At such time as the Mother regains her driver's license, the parties shall share transportation, in that they shall meet to exchange physical custody at a location which is approximately half way between their respective residences. The parties may mutually agree to other transportation arrangements. Until such time as Mother regains her driver's license, Father shall continue to provide such transportation as is necessary to accommodate the periods of custody set forth herein. 8. Each party shall keep the other informed of the progress of the children's health, education and social activities and overall welfare of the children.. 9. Both parents shall keep in mind the schedules of the minor children pertaining to their school and extracurricular activities which they may be involved in during the times the children are in their custody. Further, neither party shall discourage the minor children from participating in their activities. Neither party shall allow any third parties to discourage the children from participating in activities. 10. Both Mother and Father shall communicate with each other with regard to the well being and best interest of their children and shall not communicate through the children. 11. Neither party shall malign or speak in a derogatory fashion about the other party in the presence of the children nor will he or she permit anyone else to do so. Each parent will exercise his or her best efforts to promote a healthy relationship • • between the children and the other parent and the other parent's family. The parties are directed to conduct themselves in a reasonable and appropriate manner at all times during their interactions with each other and their family members concerning custody of the children and issues relating to the children's care and nurturance. 12. During either parties' possession of the minor children, if either of the children has a serious illness or injury which requires medical attention, that party shall immediately notify the other parent. 13. When the parties mutually agree, the periods of physical custody of either party with the minor children can be modified by agreement of the parties to meet the changing needs and activities of the children. 14. Both parties are hereby given express permission by the Court to tape record any telephone discussion that they may have with each other or tape record and/or video tape any discussions which may take place during any time the children are exchanged to facilitate the custodial purposes. The tape recordings may be by either a visible or concealed tape recorder. In the event that either party shall file a petition with the Court requesting that the other party be held in contempt for inappropriate statements during telephone calls or during periods when the child is exchanged, the Court will not consider the same without a tape recording or video taping of the situation. 15. This Order supersedes previous Orders in this matter. BY THE COURT, ~~ PA L E. CHERRY, JUDGE ~ Q c~ ~ s ~, ~ y 4t p4 .: ,..~~~R ,y ~ Q :7 b ~p ~ ( ~ {i.1.nt ~ ~ C O 1 '~, o b ,N ~ '~, ~~ a ~ ~~ ~ g '8 4 ~ ~- ~- ~ ~. o ,x ~ a ~~~ ~~ ~~~ ~ro~ ~. 1~ o • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER b~--Z4~C-~D VS. NO. - - RICHARD W. SUPER III O R D E R r U~ AND NOW, this 28th day of July, 2006, this being the day and date set for custody trial; following taking of testimony, it is the ORDER of this Court that counsel for both parties provide the Court with letter brief and proposed Order by and no later than Monday, August 14, 2006. BY THE COURT, ~~~ Judge FILEC~ AUG 0 3 20~~ ~~~114~:s~f~ 1 am A Shgw ~~tptlpterylCle~fc df ~3t~Rf ~. FAT -~ ~ ~...~c _ S aan-- ~q~ AATE• ~ ~ ~ L „_,_You are responsible for serving all appmpriatc parties. ~,T'ha Prothonourgs office has provided service m the folbwbo;petlec ~~Plaintlff(s) ~_Plaintlff(e)AuomaY __bther ,,,w Aefepdant(s) --Defendant(s) Attoraey ,,,,.,..Special Instructions: IN 'I'I-IE COliRT OF COMMON P~S OF CLEARFIELD ('UUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER (now Fontenoy) NO. 99-1263-CD V. RICHARD W. SUPER, III RICHARD W. SUPER, III NO. 06-746-CD V. MICHELE R. SUPER (now known as MICHELE R. FONTENOY) ORDER AND NUW, this 21S` day of dune, 2006, it is the ORDER of this Court that the Clearfield County Prothonotary transfer all filings in the above captioned cases, from April 11, 2006, to the present to Dacket Number 06-746-CD. All future filings in this matter shall be made to Docket Number 06-746-CD. BY THE COURT, ~~ PAUL E. CHERRY, JUDGE FILED «~~~ J~N9~~ R~ ~- Wiiliam AShaw rothonotaryfCle-k of Courts C Z ~~ ,~ ~~ ~ r ~~ N O 07 N .~ C1 .~ O Cal. m a~ .~ v~ n a, .D p t~.. N ~~ ~~ L'J N 7J C17 .~ ') O w EJ A O N U ~, J -a e ~' 0 :. F. J~. 4 ..~ w. "~ t.:: ..t >. 4 Q i i 'S L-1 _~ u ~~ v; I24 CIVIL ACTION DOCKET 280 • NOVEMBER 1999 Barbara J. MICHELE R. SUPER NOVEMBER 3 1 COMPLAINT IN DIVORCE, filed by Barbara J. Hu e - Hugney-Shope, Shope, Esq., Attorney for the Plaintiff Esq. Three Certified Copies to Attorney Sho e - NOV. 30, 1999, AFFIDAVIT OF SERVICE, COMPLAINT. ZN DIVORCE AND _ CHILDREN S FIRS? INFORMATION, UPON RICHARD W. SUPER, III, filed by a BARBARA J. HUGNEY-SHOPE, ESQ. ONE (1) CC ATTY APRIL 26 2000 _PRnF~TpR_SO TRANSMIT RECORD, filed by Barbara J. Hughey-Shope, Ea q., Attorney for the Plaintiff One Certified Co y to Attorney Sho e 99-1263-CD DECREE DATED: APRIL 28 2000. BY THE COURT: /ejFredric J. Ammerman, Judge MAY 15 2000:. VITAL STATISTICS FORM MAILED TO NEW CASTLE, PA. Certified Codes of Decree to 8arties of Record. BY kTTY 1 I I i Date: 06!22/2006 C~ield County Court of Common Pleas • Time: 09:17 AM ROA Report Page 1 of 1 Case: 1999-01263-CD Current Judge: Paul E. Cherry Michele R. Supervs.Richard W. Super III Custody Date User: BHUDSON udge 04/11!2006 Case transferred from Docket Book on this date. No Judge A\1 Qsr4~eS y~~IcCo-- Petition For Emergency Ex Parte Custody Relief, filed by s/ Barbara J. No Judge Cr ~, 311X.4 rno,~4 d Hugney-Shope, Esquire. 4CC Atty. Shope ~~ ~ ~u~-0~~ Order, NOW, this 11th day of April, 2006, upon consideration of Plaintiffs Petition for Emergency Ex Parte Custody Relief, it is Ordered: Plff is Paul E. Cherry 9 ~_ ~ (91~r1~ granted primary physical custody of the minor children, and Def. is to return ~f the said children to the custody of the Plaintiff at her residence on April 15, 2006, no later than 5:00 p. m. Hearing on Plaintiffs Petition will be held on May 8, 2006 at 2:00 p.m. in Courtroom No. 2. You, Richard W. Super, Ill, are ordered to appear in person for the hearing. By The Court, /s/ Paul E. Cherry, Judge. 4CC Atty. Shope (will serve). 04/18/2006 AfFdavit of Service filed. This 18th day of April 2006 served a certified copy Paul E. Cherry of the Petition for Emergency Ex Parte Custody Relief, filed in the above-captioned matter upon Richard Super, filed by s/ Barbara J. Hugney-Shope Esq. 1CC Atty Hugney-Shope. 04/20/2006 Answer To Petition For Emergency Ex Parte Custody Relief And Petition Paul E. Cherry For Custody, filed by s/John R. Ryan, Esquire. 4CC Atty. Ryan 04/21/2006 Certificate of Service, filed. Served a certified copy of Answer to Petition for Paul E. Cherry Emergency Ex Parte Custody Relief and Petition for Custody filed on behalf of Richard W. Super III in the above captioned matter on the 20th day of April 2006 to Barbara J. Hugney-Shope Esq., filed by s/ John R. Ryan Esq. No CC. 04/24/2006 Order AND NOW, this 21 st day of April 2006, the Court having reviewed Paul E. Cherry the Defendant's Answer to Plaintiffs Petition for Emergency Ex Parte Custody Relief, and in consideration for the averments therein as well as Defendant's Petition for Custody, it is ORDERED that the hearing scheduled for May $, 2006, be and is hereby cancelled, and the matter shall be heard by the Court on the 2nd day of May 2006 at 2:30 p.m. in Courtroom No. 2 of the Clearfield County Courthouse, Cleartield, PA. BY THE COURT: /s/ Paul E. Cherry, Judge. 4CC Atty Ryan. 04/26/2006 Motion For Continuance, filed by s/ Barbara J. Hugney-Shope Esq. 4CC Paul E, Cherry Atty Shope. Order NOW, this 25th day of April, 2006, upon consideration of Plaintiffs Paul E. Cherry Motion for Continuace of the hearing scheduled for May 2, 2006 at 2:00 p.m. it is hereby ORDERED that Plaintiffs Motion for Continuance is hereby granted. The hearing originally scheduled for May 8, 2006, and rescheduled for May 2, 2006 at Defendant's request is rescheduled for the 28th day of April 2006 at 11:00 am in Courtroom NO. 2 of the Clearfield County Courthouse, Clearfield, PA. BY THE COURT: /s/ Paul E. Cherry, Judge. 4CC Atty Shope. 05/01/2006 Order, NOW, this 28th day of April, 2006, Ordered that a Custody Trial has Paul E. Cherry been scheduled for Friday July 28, 2006 at 9:00 a.m. in Courtroom No. 2. 1 day has been allotted for this matter. By The Court, /s/ Paul E. Cherry, Judge. 2CC Attys: Ryan, Shope 06/09/2006 Temporary Order, NOW, this 28th day of April, 2006, following hearing on Paul E. Cherry Petition for Emergency Ex Parte Custody Relief, it is the Order of this Court that the petition is dismissed. Futher Ordered that, pending further Order of Court, custody trial and then further Order of Court, as follows: (see original for custody details). By The Court, /s/ Paul E. Cherry, Judge. 2CC Attys: Shope, Ryan Date: 06/22/2006 Geld County Court of Common Pleas • User: BHUDSON Time: 09:04 AM ROA Report Page 1 of 1 Case: 2006-00746-CD Current Judge: No Judge Richard W. Super IIIvs.Michele R. Super Custody Date Judge 05/11/2006 New Case Filed. No Judge Filing: Custody Complaint Paid by: Ryan, John R. (attorney for Super, No Judge Richard W. III) Receipt number: 1913756 Dated: 05/11/2006 Amount: $85.00 (Check) 4CC Atty Ryan 05/17/2006 Acceptance of Service, I accept service of the Custody Complaint filed in No Judge the above referenced case on behalf of the Defendant, Michele R. Super, now known as Michele R. Fontenoy. Filed by s/ Barbara J. Hugney-Shope, Esquire. No CC X24 i CIVIL ACTION DOCKET 280 • NOVEMBER 1999 Barbara J. MICHELE R. SUPER NOVEMBER 3 1 COMPLAINT IN DIVORCE, filed by Barbara J. Hu ney- Hugney-Shope, Shope, Esq., A torney for the Plaintiff Esq. Three Certified Copies to Attorney Sho e - NOV. 30, 1999, AFFIDAVIT. OF SERVICE, COMPLAINT IN DIVORCE AND CHILDREN'S FLRSx INFORMAT.IDN, UPON RICHARD W. SUPER, III, filed by a BARBARA J. HUGNEY-SHOPE, ESQ. ONE (1) CC AT.T7C APRIL 26 2000 PRAECIPE TO TRANSMIT RECORD, filed by Barbara J. Hugney-Shope, Esq., Attorney for the Plaintiff One Certified Co y to Attorney Shape 99-1263-CD DECREE DATED: APRIL 28 2000. BY THE COURT: Js/Fredric J. _ - Ammerman, Judge MAY 15 2000r VZTAL STATISTICS FORM MAILED TO NEW CASTLE, PA. Certified Co des of Decree to $arties of Record. I RICHARD W. SUPER. III _ _ BY ATTY Date: 06/22/2006 C~ield County Court of Common Pleas Time: 09:38 AM • User: BHUDSON ROA Report Page 1 of 1 Case: 1999-01263-CD Current Judge: Paul E. Cherry Michele R. Supervs.Richard W. Super III Custody Date Judge 04/11/2006 Case transferred from Docket Book on this date. No Judge Date: 06/22/2006 C~ield County Court of Common Pleas • Time: 09:38 AM ROA Report Page 1 of 2 Case: 2006-00746-CD Current Judge: No Judge Richard W. Super IIIvs.Michele R. Super Custody Date User: BHUDSON udge 04/11/2006 Petition For Emergency Ex Parte Custody Relief, filed by s/ Barbara J. No Judge Hugney-Shope, Esquire. 4CC Atty. Shope Order, NOW, this 11th day of April, 2006, upon consideration of Plaintiffs No Judge Petition for Emergency Ex Parte Custody Relief, it is Ordered: Plff is granted primary physical custody of the minor children, and Def, is to return the said children to the custody of the Plaintiff at her residence on April 15, 2006, no later than 5:00 p.m. Hearing on Plaintiffs Petition will be held on May 8, 2006 at 2:00 p.m. in Courtroom No. 2. You, Richard W. Super, III, are ordered to appear in person for the hearing. By The Court, /s/ Paul E. Cherry, Judge. 4CC Atty. Shope (will serve). 04/18/2006 Affidavit of Service filed. This 18th day of April 2006 served a certified copy No Judge of the Petition for Emergency Ex Parte Custody Relief, filed in the above-captioned matter upon Richard Super, filed by s/ Barbara J. Hugney-Shope Esq. 1CC Atty Hugney-Shope. 04/20/2006 Answer To Petition For Emergency Ex Parte Custody Relief And Petition No Judge For Custody, filed by s/ John R. Ryan, Esquire. 4CC Atty. Ryan 04/21/2006 Certificate of Service, filed. Served a certified copy of Answer to Petition for No Judge Emergency Ex Parte Custody Relief and Petition for Custody filed on behalf of Richard W. Super III in the above captioned matter on the 20th day of April 2006 to Barbara J. Hugney-Shope Esq., filed by s/John R. Ryan Esq. No CC. 04/24/2006 Order AND NOW, this 21 st day of April 2006, the Court having reviewed No Judge the Defendant's Answer to Plaintiffs Petition for Emergency Ex Parte Custody Relief, and in consideration for the averments therein as well as Defendant's Petition for Custody, it is ORDERED that the hearing scheduled for May 8, 2006, be and is hereby cancelled, and the matter shall be heard by the Court on the 2nd day of May 2006 at 2:30 p.m. in Courtroom No. 2 of the Clearfield County Courthouse, Clearfield, PA. BY THE COURT; /s/ Paul E. Cherry, Judge. 4CC Atty Ryan. 04/26/2006 Motion For Continuance, filed by s/ Barbara J. Hugney-Shope Esq. 4CC No Judge Atty Shope. Order NOW, this 25th day of April, 2006, upon consideration of Plaintiffs No Judge Motion for Continuace of the hearing scheduled for May 2, 2006 at 2:00 p.m. it is hereby ORDEREb that Plaintiffs Motion for Continuance is hereby granted. The hearing originally scheduled for May 8, 2006, and rescheduled for May 2, 2006 at Defendant's request is rescheduled for the 28th day of April 2006 at 11:00 am in Courtroom NO. 2 of the Clearfield County Courthouse, Clearfield, PA. BY THE COURT: /s/ Paul E. Cherry, Judge. 4CC Atty Shope. 05/01!2006 Order, NOW, this 28th day of April, 2006, Ordered that a Custody Trial has No Judge been scheduled for Friday July 28, 2006 at 9:00 a.m. in Courtroom No. 2. 1 day has been allotted for this matter. By The Court, /s/ Paul E. Cherry, Judge. 2CC Attys: Ryan, Shope 05/11/2006 New Case Filed. No Judge Filing: Custody Complaint Paid by: Ryan, John R. (attorney for Super, No Judge Richard W. III) Receipt number: 1913756 Dated: 05/11/2006 Amount: $85.00 (Check) 4CC Atty Ryan Date: 06/22/2006 C~ield County Court of Common Pleas . Time: 09:38 AM ROA Report Page 2 of 2 Case: 2006-00746-CD Current Judge: No Judge Richard W. Super IIIvs.Michele R. Super Custody Date 05/17/2006 Acceptance of Service, I accept service of the Custody Complaint filed in the above referenced case on behalf of the Defendant, Michele R. Super, now known as Michele R. Fontenoy. Filed by s/ Barbara J. Hugney-Shope, Esquire. No CC 06/09/2006 Temporary Order, NOW, this 28th day of April, 2006, following hearing on Petition for Emergency Ex Parte Custody Relief, it is the Order of this Court that the petition is dismissed. Futher Ordered that, pending further Order of Court, custody trial and then further Order of Court, as follows: (see original for custody details). By The Court, /s/ Paul E. Cherry, Judge. 2CC Attys: Shope, Ryan Judge No Judge No Judge User: BHUDSON -.a a ~~~ FI ~® s Juan ~~ o'! r~ N('illiam A. Shaw prothonotarylClerk of Courts IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER _ RICHARD W. SUPER III . TEMPORARY ORDER AND NOW, this 28th day of April, 2006, following hearing on Petition for Emergency Ex Parte Custody Relief, it is the ORDER of this Court that the petition be and is hereby dismissed. It is the further Order of this Court that, pending further Order of Court, custody trial and then further Order of Court, as follows: 1. Mother and Father shall have shared legal custody of the parties' two (2) minor children, Joelle Super (d.o.b. 5/23/95) and Jenna Super (d.o.b. 11/12/96). 2. Mother shall have primary physical custody of the minor children subject to Father's periods of partial custody as follows: a) Every other weekend, beginning today, April 28, 2006, at 2:00 p.m., with Father to pick up the children at Mother's residence, and continuing until Sunday at 8.00 p.m; b) Beginning the first Sunday following the last day of school, the parties shall alternate weeks of custody of the two (2) minor children, being from Sunday at 3:00 p.m. until r the following Sunday at 3:00 p.m., provided said Sunday is the week that Father does not work from 6:00 a.m. to 6:00 p.m; c) At all other times as may be agreed upon by the parties. 3. The parties shall communicate with each other concerning the best interests and well-being of their children and not through their children. 4. Each party shall provide the other with a current address and telephone number of where they can be reached. 5. The children shall not be in the presence of Trampas Carns. In the presence of the children shall be in any structure or vehicle where the children are being transported or outside while they are with Mother. BY THE COURT, J'j w~ ~"'+a~ L '!; x y r~ -,.. v 0 DAfiE:~~ 2! Y! v~ You are responsible for serving all appropriate parties, _ X ~~};e Prs~rrerotay's office has provided service to the following pattie3.~ Y?,.is;:^`~;) x p:ntiff(s) ~lt.orn y Other ~efendar_±(^).~__.~~-.~.~daab;~j ~:.ttcrney u • II IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. . MICHELE R. SUPER, now known as : MICHELE R. FONTENOY, Defendant No. 06 - 746 - CD ACCEPTANCE OF SERVICE Filed on behalf of: Plaintiff Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 BELIN & KUBISTA 15 N. Front Street P.O. Box 1 Clearfield, PA 16830 {814} 765-8972 FILE® MAY 1 '7 1006 William A Shaw Prothonotary/Cleric of Court u ~ c~ C • ... • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD W. SUPER, III, Plaintiff vs. No. 06 - 746 - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant ACCEPTANCE OF SERVICE I accept service of the Custody Complaint filed in the above referenced case on behalf of the Defendant, MICHELE R. SUPER, now known as MICHELE R FONTENOY. ~-d~1t.- Baz ara J. H -Sho uire 23 North Second Street Clearfield, PA 16830 Date: /~ aGO~ r1AEl~cj ~ ,~11Ul.~ ~t ~ ~R~ t~311~ ' i.. '+ ~~ ~ ~ IN THE COiJRT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD W. SUPER, III, . Plaintiff : vs. MICHELE R. SUPER, now known as MICHELE R. FONTENOY, . Defendant No. 06 -7~ CD CUSTODY COMPLAINT Filed on behalf of: Plaintiff, RICHARD W. SUPER, III Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 BELIN & KUBISTA 15 N. Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 FIE ~~ ~,~ ~ i`~ ~~ WilliamC rtcofCourt.~ Prothonotary • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD W. SUPER, III, Plaintiff vs. No. 06 - - CD MICHELE R. SUPER, now known as MICHELE R. FONTENOY, Defendant CUSTODY COMPLAINT NOW COMES, Richard W. Super III, Plaintiff above named, and by his Attorneys, Belin & Kubista, files his Custody Complaint against the Defendant as follows: 1. Plaintiff is Richard W. Super, III, who currently resides at 632 Erford Road, Camp Hill, Pennsylvania, 17011. 2. Defendant is Michele R. Super, now known as Michele R. Fontenoy, who currently resides at 214 Northwest 3'~ Avenue, Clearfield, Clearfield County, Pennsylvania, 16830. 3. Plaintiff seeks custody of the following children: Name Fresent Address Date of Birth 3acqueline Super Baneyville Road 7/1/88 Clearfield, PA 16830 Joelle Super 214 NW 3'~ Avenue 5/23/95 Clearfield, PA 16830 Jenna Super 214 NW 3`~ Avenue 11/12/96 Clearfield, PA 16830 The children were not born out of wedlock. • The child Jacqueline Super is presently in the custody of Cheryl Davis, the maternal aunt. The other children are in the custody of Defendant, who currently resides at the address set forth at Paragraph 2. In the past five (5) years, the children resided with the following person(s) and at the following address: Persons Address es Date s Defendant and Drifting, PA 16834 2001 (nine Dennis Schmoke months) Defendant and Turnpike Ave. 2001-2002 (six Dennis Schmoke Clearfield, PA 16830 months) Defendant and Barn Road 2002 Dennis Schmoke Clearfield, PA 16830 (nine months) Defendant Nichol Street 2002-2003 Clearfield, PA 16830 Defendant and Martin St. Extension 2003-2004 Trampas Cams Clearfield, PA 16830 Defendant and Goshen, PA 2004 Max and Sue Ogden approx. 1 week Defendant 214 NW 3`~ Ave. 2004 until Clearfield, PA 16830 3/18/06 Plaintiff 632 Erford Road 3/18/06 until Camp Hill, PA 17011 4/ 15/06 Defendant 214 NW 3`~ Ave. 4/15/06 until Clearfield, PA 16830 present The mother of the children is Defendant, who currently resides at the address set forth at Paragraph 2. She is single. ii ~I The father of the children is Plaintiff, who currently resides at the address set forth at Paragraph 1. He is single. 4. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with Mike Dorwart. 5. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the minor children, Joelle and Jenna Super. 6. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does 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. 7. The best interests and permanent welfare of the children will be served by granting the relief requested because Plaintiff will provide the stability and the level of care that the children require. Defendant and her paramour have failed to famish a safe and stable home environment for the children. Defendant's paramour's presence in the home is detrimental to the best interests and welfare of the children. 8. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting him joint legal custody and primary physical custody of the children, subject to rights of • • partial physical custody together with Defendant. BELIN & KUBISTA John R. Ryan Attorney for Defendant ~~ • I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. 4904, relating to unsworn falsification to authorities. ers ~ o 11 ~~ ~~ ce ~ ~ {..i ~' ' ~ U ~ ¢ `-~-_ ~ ~ ~ o .r. • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER, (now Fontenoy) vs. No. ~H=I~63=f''H'- RICHARD W. SUPER, III ORDER AND NOW, this 28`~ day of April, 2006, it is the ORDER of the Court that a Custody Trial in the above-captioned matter has been scheduled for Friday, July 28, 2006 at 9:00 A.M. in Courtroom No. 2, Clearfield County Courthouse, Clearfield, PA. One (1) day has been allotted for this matter. ~C aye. ~ 1 2006 ~ Wrlliam A Shaw S~~ Prothonotary/Clerk of Courts ~ ~ BY THE COURT: ~-~.~ Paul E. Cherry Judge ~ ~~ ~ ~ c~ p ~' s O ~ p~ ' ~ 1 o~ ~ 0 o c 7 ~. I ~.: .. ~ q ~ ~ ~~ ~'~ ~~~ w; ;; . ~. ~ ,- t • • Clearfield County Office of the Prothonotary and Clerk of Courts William A. Shaw David S. Ammerman Jacki Hendrick Bonnie Hudson Prothonoto=y/Clerk of Courts Solicitor Deputy Prathonotarp Administrative Asaistcmt To: All Concerned Parties From: William A. Shaw, Prothonotary It has come to my attention that there is some confusion on court orders over the issue of service. To attempt to clear up this question, from this date forward until further notice, this or a similar memo will be attached to each order, indicating responsibility for service on each order or rule. If you have any questions, please contact me at (814) 765- 2641, ext. 1331. Thank you. Sincerely, William A. Shaw Prothonotary DATE: S ~ ~ I of n You are responsible for serving all appropriate parties. _ ~_The Prothonotary's office has provided service to the following parties: ~_Plaintiff(s)/Attorney(s) x Defendant(s)/Attorney(s} Other Special Instructions: __ PO Box 549, Clearfield, PA 16830 ^ Phone; (814) 765-2641 Ext. 1330 ^ Fa~~. (814j 765-7659 •.. • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER, Plaintiff, vs. * NO. - - * RICHARD W. SUPER, III, Defendant * Type of Case: CUSTODY * * Type of Pleading: MOTION FOR * CONTINUANCE AND ORDER * * * Filed on behalf of: PLAINTIFF * MICHELE R. SUPER * * * Counsel of Record of this Party: * BARBARA J. HUGNEY-SHOPE, ESQUIRE * * Supreme Court I. D. No. 26274 * 23 North Second Street * Clearfield, PA 16830 * (814) 765-5155 ~,- ~e ~~ ~~ =33 StioPe r ~~ c!Zti;~~ ~arjr yiCler{~ pf C%uurGc 1 ~ 1 • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER, Plaintiff, vs. RICHARD W. SUPER, III, Defendant * * * ~;~~Q_~y~,wc.~ * NO. nn i ~~~ 17~ * * * RDER NOW, this a ~ day of 2006, upon consideration of Plaintiff s Motion for Continuance of the hearing scheduled for May 2, 2006, at 2:00 P.M., it is hereby ORDERED that Plaintiffs Motion for Continuance is hereby granted. The hearing originally scheduled for May 8, 2006, and rescheduled for May 2, 2006, at Defendant's request is rescheduled for the c~~~h day of 2006, at ~QQ~PM in Courtroom No. 2 of the Clearfield County Courthouse, Clearfield, Pennsylvania. BY THE COURT, ~ yCC ~ Oq~o ~ ~.P~ ~...Q ~ Judge d '9i~irr; F_ yhaw ,.:.. Utt`.~?n(iliiry/~"~P3YK Of !.;OUrt~ :e:®?~' • 4 a ! ~~~ • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER, Plaintiff, vs. RICHARD W. SUPER, III, Defendant * * * * NO. 99-1263-CD * * * MOTION FOR CONTINUANCE AND NOW, comes the Plaintiff, MICHELE R. SUPER, now MICHELE R. FONTENOY, by and through her attorney, BARBARA J. HUGNEY-SHOPE, ESQUIRE, and respectfully requests the Court to reschedule the hearing on the Petition for Emergency Ex Parte Custody Relief in the above case, and in support thereof, avers as follows: 1. A Hearing on Plaintiff s Petition was originally scheduled for May 8, 2006, at 2:00 P.M; 2. Defendant has filed an Answer to said Petition and by letter from his counsel has requested an earlier hearing time; 3. The date set for the rescheduled hearing is May 2, 2006 at 2:30 P.M. ., • L_J 4. Based upon the date originally scheduled for the Hearing, Counsel for Plaintiff committed to attending a seminar in Altoona, Pennsylvania, on the afternoon of May 2, 2006, and is unavailable for the rescheduled hearing. 5. Plaintiffs counsel would be available on May 1, 2006, in the afternoon or on May 3, 2006 in the morning or any time on May 5, 2006 for a hearing on this Petition. WHEREFORE, Plaintiff and Plaintiffs counsel, Barbara J. Hugney-Shope, respectfully request your Honorable Court to grant this Motion for Continuance and reschedule the hearing for a date and time other than May 2, 2006. Respectfully submitted, ~ A Barbara J. Hu ey-Sh pe Attorney for Plaintiff ~_ .z;° :~;:= ~:; ~ ,. ,, . ~~.zy.~ .-_:~ a .-. ~_ ,-~~ ,~ ,.~~~~~ .. t-;- ~~~ f~ _ _ ` ~ ! ~~. • • Clearfield County Office of the Prothonotary and Clerk of Courts William A. Shaw David S. Ammerman Jacld Hendrick Bonnie Hudson Prothonotary/Clerk of Courts Solicitor Deputy Prothonotary Administrative Assistaat To: All Concerned Parties From: William A. Shaw, Prothonotary It has come to my attention that there is some confusion on court orders over the issue of service. To attempt to clear up this question, from this date forward until further notice, this or a similar memo will be attached to each order, indicating responsibility for service on each order or rule. If you have any questions, please contact me at (814) 765- 2641, ext. 1331. Thank you. Sincerely, /J _~ William A. Shaw Prothonotary DATE: ~~o?~ _~You are responsible for serving all appropriate parties. The Prothonotary's office has provided service to the following parties: Plaintiff(s)/Attorney(s) Defendant(s)/Attorney(s) Other Special Instructions PO Box 549, Clearfield, PA 16830 ^ Phone (814} 765-2641 Ext. 1330 Fax: (814) 765-7659 r -~ • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff Vs. RICHARD W. SUPER, III, . Defendant ~~`~~I(A-GJ NO. n~--~~2 r y ORDER AND NOW, this a ` `~ day of April, 2006, the Court having reviewed the Defendant's Answer to Plaintiff s Petition for Emergency Ex Parte Custody Relief, and in consideration of the averments therein as well as Defendant's Petition for Custody, it is ORDERED that the hearing scheduled for May 8, 2006, be and is hereby cancelled, and the matter shall be heard by the Court on the ~~day o~, 2006, at a: 3~ o'clock ~.m. in Courtroom No. a of the Clearfield County Courthouse, Clearfield, Pennsylvania. BY THE COURT: G~~ Paul E. Cherry Judge F~ ~Da ~, ~Y~, ,o:o, ASR ~ a zoaeQ W i16E~ ~ _. ~~..~.~ PY~'c~~~~~~r~,x ~~~A c~ -- -. ~~ i c ~k~~~` 7 ~ ~ ..,, t rr ;.~~,: 4 h ~" ~~~~~~ fN ~~~~, 1 ~; , ..! _t. , ; _._. • • Clearfield County Office of the Prothonotary and Clerk of Courts William A. Shaw David S. Ammerman Tacki Headrick Bonnie Hudsoa Prothonotary/Clerk of Courts Solicitor Deputy Prothonotary Adaunistrative Assistant To: All Concerned Parties From: William A. Shaw, Prothonotary It has come to my attention that there is some confusion on court orders over the issue of service. To attempt to clear up this question, from this date forward until further notice, this or a similar memo will be attached to each order, indicating responsibility for service on each order or rule. If you have any questions, please contact me at (814) 765- 2641, ext. 1331. Thank you. Sincerely, . .~ Wl tarYr°~' avd'{ Prothonotary DATE: a ~'CN~ ~_You are responsible for serving all appropriate parties. The Prothonotary's office has provided service to the following parties: Plaintiff(s)/Attorney(s) Defendant(s)/Attorney(s) Other Special Instructions: PO Box 549, Clearfield, PA 16830 ^ Phone: (814) 765-2641 Ext. 1330 ^ Fax: B14) 765-7659 i •~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER, Plaintiff . vs. RICHARD W. SUPER, III, . Defendant . C(f,-`7~ICo ~ C~ No. off, ~ ~c--~~~ CERTIFICATE OF SERVICE Filed on behalf of: Defendant, RICHARD W. SUPER, III Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 BELIN & KUBISTA 15 N. Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 ~e ~~ ~ ~i. ~ ~c ~ ~ ~ zoos VI(illiam A. Shaw Prothonotary/Clerk of Cc>urt~; U ~~ • ~ • ~I IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION MICHELE R. SUPER, Plaintiff vs. No. 99 -1263 - CD RICHARD W. SUPER, III, Defendant CERTIFICATE OF SERVICE This is to certify that I have served a certified copy of Answer to Petition for Emergency Ex Parte Custody Relief and Petition for Custody filed on behalf of RICHARD W. SUPER, III, Defendant in the above captioned matter on the following party by postage prepaid first-class United States mail, on the 20~' day of April, 2006: Barbara J. Hughey-Shope, Esquire 23 North Second Street Clearfield, PA 16830 Attorney for Plaintiff BELIN & KUBISTA John R. Ryan Attorney for Defendant 3.._ . , 5 ~i • ~ IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff vs. RICHARD W. SUPER, III, Defendant No.9 ANSWER TO PETITION FOR EMERGENCY EX PARTE CUSTODY RELIEF AND PETITION FOR CUSTODY Filed on behalf of: Defendant, RICHARD W. SUPER, III Counsel of Record for this Party: John R. Ryan Attorney-At-Law Pa. I.D. 38739 BELIN & KUBISTA 15 N. Front Street P.O. Box 1 Clearfield, PA 16830 (814) 765-8972 ~~~ED~~ Williarrr 1~_ Shaw Pro+r,onotary/Cfertc of Cpuffg • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff vs. No. 99 -1263 - CD RICHARD W. SUPER, III, Defendant ANSWER TO PETITION FOR EMERGENCY EX PARTE CUSTODY RELIEF AND PETITION FOR CUSTODY ANSWER TO PETITION FOR EMERGENCY EX PARTE CUSTODY RELIEF NOW COMES, Richard W. Super III, Defendant above named, and by his Attorneys, Belin & Kubista, files his Answer to the foregoing Petition as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that the custody of the said children has been by verbal agreement and that there has been no Court Order addressing the issue of custody. It is further admitted that the said children had resided with Petitioner until recently. 6. Admitted. By way of further response, Respondent did remove the two (2) minor children, Joelle and Jenna, to his residence. Respondent took that action when he called the residence of Petitioner to advise that he was on his way to pick the children up and learned that Petitioner was incarcerated and that the children were under the supervision of Petitioner's paramour, Trampas Cams. • • 7. Admitted. Again, Respondent acted on the basis of the information set forth at Paragraph 6 here above. 8. It is specifically denied that Respondent has refused to allow telephone contact between Petitioner and the children. 9. Respondent is without knowledge as to Petitioner's "concern" however avers that at all times Petitioner knew that the children were in his care and knew that the children were safe and secure. 10. It is denied that Respondent violated any of Petitioner's "rights" in that there was no custody order in place. Further, it is patently ridiculous to assert that Respondent has violated Pennsylvania law under the facts and circumstances of this case. On the contrary, it is Petitioner who has violated Pennsylvania law by seeking an ex parte order without making full disclosure to the Court of the facts and circumstances of the case, and by depriving Respondent of his due process right to a full and fair hearing on the merits of her claims. By way of further response, Respondent avers as follows: a. Respondent, after removing the children from Petitioner's home, subsequently learned that Petitioner had been incarcerated in the Clearfield County Prison after being sentenced for Driving Under the Influence, Possession of Marijuana, Disorderly Conduct and Harassment, Driving an Unregistered Vehicle, and Driving without a Certificate of Inspection; b. The parties' oldest child, Jacqueline Super, left Petitioner's home on March 8, 2006, after being physically assaulted by Petitioner and her • • paramour, Trampas Cams. She is currently residing with her maternal aunt, Cheryl Davis, until she graduates from high school this Spring; c. Petitioner's paramour, Trampas Cams, has a history of mental instability and is believed to be abusing prescription narcotics. He is further believed to be awaiting sentencing on a chazge of Driving Under the Influence. It is detrimental to the best interests of the children to be exposed to Trampas Cams for these reasons and a variety of other reasons which will be clarified at time of hearing; d. Respondent has learned that Petitioner historically has left the children in the caze of Jacqueline for extended periods of time; e. Petitioner has moved from place to place with the children since the time of her separation from Respondent which shows a lack of stability; f. Petitioner deliberately failed to advise this Court of the facts behind the removal of the children by Respondent in order to obtain ex parte relief. It is believed and therefore averred that had the Court been advised of the circumstances, it would never have signed an ex parte order. WHEREFORE, Respondent requests that the Court's Order of April 11, 2006, be rescinded, that the children be returned to the physical custody of the Respondent, and that a full hearing on the merits be scheduled. PETITION FOR CUSTODY AND NOW, Petitioner, by and through his attorneys, Belin & Kubista, files a Petition for Custody against Respondent, and in support thereof, avers the following: • • 1. Petitioner is Richard W. Super, III, who currently resides at 632 Erford Road, Camp Hill, Pennsylvania,17011. 2. Respondent is Michele R Super, now known as Michele R Fontenoy, who currently resides at 214 Northwest 3'~ Avenue, Clearfield, Clearfield County, Pennsylvania, 16830. 3. Petitioner seeks custody of the following children: Name Present Address Jacqueline Super Baneyville Road Clearfield, PA 16830 Joelle Super 214 NW 3`~ Avenue Clearfield, PA 16830 Jenny Super 214 NW 3~ Avenue Clearfield, PA 16830 The children were not born out of wedlock. Date of Birth 7/1/88 5/23/95 11/12/96 The child Jacqueline Super is presently in the custody of Cheryl Davis, the maternal aunt. The other children are in the custody of Respondent, who currently resides at the address set forth at Paragraph 2. In the past five (S) years, the children resided with the following person(s) and at the following address: Persons Address es Date s Respondent and Drifting, PA 16834 2001 (nine Dennis Schmoke months) Respondent and Turnpike Ave. 2001-2002 (six Dennis Schmoke Clearfield, PA 16830 months) Respondent and Barn Road 2002 Dennis Schmoke Clearfield, PA 16830 (nine months) • • Respondent Nichol Street 2002-2003 Clearfield, PA 16830 Respondent and Martin St. Extension 2003-2004 Trampas Cares Clearfield, PA 16830 Respondent and Goshen, PA 2004 Max and Sue Ogden approx. 1 week Respondent 214 NW 3`~ Ave. 2004 until Clearfield, PA 16830 3/18/06 Petitioner 632 Erford Road 3118/06 until Camp Hill, PA 17011 4/ 15/06 Respondent 214 NW 3`~ Ave. 4/15/06 until Clearfield, PA 16830 present The mother of the children is Respondent, who currently resides at the address set forth at Paragraph 2. She is single. The father of the children is Petitioner, who currently resides at the address set forth at Paragraph 1. He is single. 4. The relationship of Petitioner to the children is that of natural father. Plaintiff currently resides alone. 5. The relationship of Respondent to the children is that of natural mother. Respondent currently resides with the minor children, Joelle and Jenna Super. 6. Petitioner 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. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. • • Petitioner does not lrnow 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. 7. The best interests and permanent welfare of the children will be served by granting the relief requested because Petitioner will provide the stability and the level of care that the children require. Respondent and her paramour have failed to furnish a safe and stable home environment for the children. Respondent's paramour's presence in the home is detrimental to the best interests and welfare of the children. 8. Each parent whose parental rights to the children has 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 enter an Order granting him joint legal custody and primary physical custody of the children, subject to rights of partial physical custody together with Respondent. BELIN & KUBISTA J hn R. R Attorney for Defendant • • I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. 4904, relating to unsworn falsification to authorities. ~C% ~v -~- chard W. Super, ~, s.e:::` O `'~ ~~.. S' -•_ J ~~~~ :. _ ~ ~ O *: CL • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff, * _~~~~c~ vs. * No. * RICHARD W. SUPER, III, Defendant. * TYPE OF CASE: CUSTODY * * * TYPE OF PLEADING: AFFIDAVIT * OF SERVICE * * * * * * FILED ON BEHALF OF PLAINTIFF: * MICHELE R. SUPER, now * MICHELE R. FONTENOY * * COUNSEL OF RECORD OF THIS * PARTY: * * BARBARA J. HUGNEY-SHOPE, * ESQUIRE * * Supreme Court I. D. No. 26274 6 ~- [~ ! ~ N * 23 North Second Street ~~~-~`~'`~'~ ~`'y`S ~ * Clearfield, PA 16830 ~~~ 1 8 2oa~~ * (814) 765-5155 Willie ,~~~P ~~~~~ Pra~i~~~~~~~~~~y 4 • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff, vs. RICHARD W. SUPER, III, Defendants. * No.99-1263-CD AFFIDAVIT OF SERVICE AND NOW, this /~~ day of April, 2006, I,Barbara J. Hugney-Shope, Esquire, who, being duly sworn according to law, deposes and says that I served a certified copy of the PETITION FOR EMERGENCY EX PARTE CUSTODY RELIEF ,filed in the above- captioned matter, upon RICHARD SUPER, Defendant in the above-captioned matter, by depositing the same with the United States Postal Service, postage prepaid, First Class, Certified Mail, Return Receipt, addressed to RICHARD W. SUPER, III, at his last known address, to wit: 632 Erford Road, Camp Hill, Pennsylvania, 17011. Barbara J. Hu ey-Sho , Es re 23 North Second Street Clearfield, PA 16830 (814) 765-5155 SWORN to ands ~j~abed bef a me is ~~~'!' day o , 2006. Notar Public NWEALTH OF PfiNNSYLVANIA Notarial Seal Ml~alla O'Day-Manning, Notary Public CN~rfl~ld Horo Clearfield County My Commlalon ~~lres May 3, 2009 . •• • 7003 1680 0005 6732 6332 y; ~ ~ o m y m o m ; W. i4 'O b w^ 0 , p N 7. ~~ ~~ mC \ , p;~ yi[~ , m m ~ m ~ ~ m ~L c ~2 m m 8 ~m ~ ~ 31n c'~ $ m ~~ m ~ a m ~ m io o ec .: .~~' ~ a~ 1.1 m m , m m m au _ m~ k ~4'Sv , ~' ~~ ~ _~( ~` ~ f ~It€ i J J i 1 I O W k~ Q' O O O O Ln ~' -J W RJ Q' W W f1J • FILF" Wilffar~ ,~~. ~f~~W Pr®~f7~~®~~ary r • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER * , Plaintiff, * * ®lrr-ly lQ_~ vs. * No.9 - * RICHARD W. SUPER, III, Defendant. * TYPE OF CASE: CUSTODY * * * TYPE OF PLEADING: ORDER * * * * * FILED ON BEHALF OF PLAINTIFF: * MICHELE R. SUPER, now * MICHELE R. FONTENOY * COUNSEL OF RECORD OF THIS * PARTY: * * BARBARA J. HUGNEY-SHOPE * , ESQUIRE * * Supreme Court I. D. No. 26274 * 23 North Second Street * Clearfield, PA 16830 * (814) 765-5155 f w~llSQsve.~ ''~illiarr1 A. shave prothonotary/Cler{c of CoU~ ~~- ~ ~p~~ V'" r • • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff, vs. RICHARD W. SUPER, III, Defendant. * * * No.99-1263-CD * * * IN CUSTODY ORDER AND NOW, this ~~` day of April, 2006, upon consideration of Plaintiff s PETITION FOR EMERGENCY EX PARTS CUSTODY RELIEF, it is hereby ORDERED AND DECREED: 1. PLAINTIFF, MICHELE R. FONTNOY, formerly MICHELE R. SUPER, is granted primary physical custody of the following children: JOELLE SUPER, born May 23, 1995, and JENNA SUPER, born NOVEMBER 12, 1996, until further hearing in this matter. 2. DEFENDANT, RICHARD W. SUPER, III, is directed to return the said children to the custody of the Plaintiff at her residence at 214 NW Third Avenue, Clearfield, Pennsylvania on G+~ 1S; ~co~ ~ no later than 5 ;ate Q~ o'clock. P• M • • 3. HEARING on Plaintiff s Petition will be held on , 2006 at ~0~? ~.M., in Courtroom No. 2, Clearfield County Courthouse, Clearfield, Pennsylvania. 4. YOU, RICHARD W. SUPER, III, DEFENDANT, are ordered to appear in person for the hearing. If you fail to appear as provided by this Order, an Order fox custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. 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. COURT ADMINISTRATOR CLEARFIELD COUNTY COURTHOUSE CLEARFIELD, PA 16830 (814) 765-2641, Ext. 88-89 ~~~=~v o ~ ~ ~ ~ ,~ t7 ~ ~ ..~ ~ ~£ c o P.~'+ c e • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff, VS. * NO. nn ~ ~« rrin * RICHARD W. SUPER, III, Defendant. * TYPE OF CASE: CUSTODY * * * TYPE OF PLEADING: PETITION * FOR EMERGENCY Ex Parte CUSTODY * RELIEF * * * * FILED ON BEHALF OF PLAINTIFF: * MICHELE R. SUPER, now * MICHELE R. FONTENOY * * COUNSEL OF RECORD OF THIS * PARTY: * * BARBARA J. HUGNEY-SHOPE, * ESQUIRE * * Supreme Court I. D. No. 26274 * 23 North Second Street * Clearfield, PA 16830 * (814) 765-5155 F L'E, ~c~ w' r4 ~~ 1 2006 ~ Lf`~'~ ~C William /~. Shaw Prom~~lCietic of Courts • IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHELE R. SUPER, Plaintiff, vs. * No.99-1263-CD * RICHARD W. SUPER, III, * Defendant. * IN CUSTODY PETITION FOR EMERGENCY EX PAR?'R CUSTODY RELIEF AND NOW, Petitioner, by through her attorney, Barbara J. Hugney-Shope, Esquire, files this Petition for Emergency Ex Parte Custody Relief against Respondent, and support thereof, avers as follows: 1. Petitioner is Michele R. Fontenoy, formerly Michele R. Super, who currently resides at 214 NW Third Avenue, Clearfield, Clearfield County, Pennsylvania. 2. Respondent is Richard W. Super, III, who currently resides at 632 Erford Road, Camp Hill, Pennsylvania 17011. • 3. The parties are the parents of the following children: Jacqueline Super, born July 1, 1988; Joelle Super, born May 23, 1995, and Jenna Super, born November 12, 1996. 4. The parties are former spouses having been married on February 14, 1988, and divorceed on April 28, 2000. 5. Pursuant to a verbal agreement of the parties, Petitioner had primary physical custody of the children subject to Respondent's periods of partial custody as follows: (a) Alternate weekends from 4:00 P.M. Friday until 8:00 P.M. Sunday; (b) One (1) week during the summer commencing at 4:00 P.M. Friday until 4:00 P.M. Friday of the following week with the understanding tht Respondent would not have two (2) consecutive weekends; and (c) Any ofther times that the parties could mutually agree. 6. The parties followed this agreement without submitting it to writing or obtaining a Court Order as neither party deemed it necessary from the time of their separation on July 6, 1999 until the weekend of March 19, 2006, when Respondent refused to return the parties' daughters, Joelle Super, age 10, and Jenna Super, age 9, after his weekend visit. • • 7. On March 20, 2006, after failing to return the children the prior enveing, Respondent called to inform Petitioner that he would be keeping the children with him and not returning them to the home that they had known for the past two and one-half years and with their mother since July 6, 1999, without the consent of Petitioner. 8. Petitioner has not seen her children since March 17, 2006, and Respondent refuses to permit her to have any telephone contact with them. 9. Petitioner is concerned about the welfare and safety of the children. 10. Respondent has deprived Petitioner of her right to see the children. Respondent has breached Petitioner's legal and physical custody rights. Petitioner loves the children and has always had a loving relationship with them. Respondent's conduct in refusing to return the children in total disregard of the parties' agreement and in violation of Pennsylvania law is unconscionable and certaininly contrary to the best interests of the children. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the Petition for Emergency Ex Parte Custody Relief and enter an Order as follows: (a) Awarding Petitioner sole legal and physical custody of the children until further hearing; • • (b) Pursuant to the Uniform Child Custody Jurisdiction Act and the Parental Kidnaping Prevention Act, the courts and law enforcement agencies in whatever jurisdiction in which Respondent and/or the children may be found are directed to enforce this Order to ensure that the children are returned to Clearfield County, Pennsylvania, and surrendered to Petitioner's custody; (c) Directing Respondent to pay Mother's counsel fees, costs and expenses, including fees for private investigators, that are the result of the efforts by Petitioner and Petitioner's counsel to locate Respondent and bring him and the children before this Court. Respectfully submitted, B ara J. Hu ey-Sh e, uire Attorney for Petitioner VERIFICATION I verify that the statements made in the Petition are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Michele .Super, now ichele R. Fontenoy Dated: ~ , 2006 "~,.' ~ ~ ~ ~ ,, ~ Sty .~. O -' _: ^~ T - V ~ ~~~ ~ , - m. ~ ~ ..... .. • ~ ~ T V t.. :s '~. -r ' :~ O C} ~ ~' ~ o 7A U` ,...~, y~~[ ®' I O d ~ ~~ 0 R E _ i.' T r~