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HomeMy WebLinkAbout08-2948YORK COUNTY COURTHOUSE 05/02/08 D8- aa?8 C'?V<< ?7-&-r nti PAGE: 1 CIVIL ACTION DOCKET INGLE, LORETTA L VS. MINNICH, KENNETH M PARTY TYPE ATTORNEY PLAINTIFF FOR CIVI ATTORNEY ATTORNEY ATTORNEY DEFENDANT FOR CIVI CASE NO: 2006-FC-000264-Y37 YK Y03 FILING DATE: 02/15/06 JUDGE: LITIGANT ------- PARTY NAME - P001 ---------------------------------------- CLARK, THOMAS M P001 INGLE, LORETTA L D001 ERB, MELANIE L D001 SLUZIS, FRANK C D001 PICKFORD, SUSAN K D001 MINNICH, KENNETH M DATE FEE/AMOUNT -------- ------------------------------------------------------ --------------- 05/01/08 00065 00158 *CERTIFICATE OF SERVICE OF PETITION FOR RULE TO SHOW CAUSE TO TRANSFER JURISDICTION AND VENUE AND CORRESPONDENCE TO YORK CO COURT ADMIN REQUESTING ACTION TO BE HEARD AT CURRENT BUSINESS CT UPON PLTF ON 4/16/08 BY US MAIL 05/01/08 00065 00157 AS TO MINNICH, KENNETH M *ENTRY OF APPEARANCE OF SUSAN K PICKFORD ESQ FOR DEFT 04/29/08 00063 00390 27.25 *ORDER TRANSFERRING CASE TO ANOTHER COUNTY (CUSTODY CASE SHALL BE TRANSFERRED TO CUMBERLAND CO COURT OF COMMON PLEAS PA) BY THE CT: SHERYL ANN DORNEY JUDGE 04/29/08 00063 00196 *COURT MINUTE SHEET BEFORE JUDGE DORNEY, GREENHOLT CT RPR 04/21/08 00059 00298 AS TO MINNICH, KENNETH M *ENTRY OF APPEARANCE OF FRANK C SLUZIS ESQ O/B/O DFT KENNETH M MINNICH W/CERT OF SERVICE 02/28/08 00030 00167 AS TO MINNICH, KENNETH M *PETITION FOR RULE TO SHOW CAUSE TO TRANSFER JURISDICTION AND VENUE BY DEFT 02/14/08 00023 00398 AS TO MINNICH, KENNETH M *ENTRY OF APPEARANCE OF MELANIE ERB ESQ FOR DEFT W/ CERT OF SVC 03/10/06 00034 00447 *CONSENT TO ENTRY OF COURT ORDER 03/10/06 00034 00446 *NOTICE GIVEN RE: PA R. C. P. 236 MAILED TO ATTYS MICHAEL GRAB AND THOMAS CLARK ON 3-10-2006 @ 3:PM 03/10/06 00034 00446 *STIPULATED ORDER FOR CUSTODY PARTIES REACHED AGREEMENT SOLE LEGAL AND PHYSICAL CUSTODY OF BRANDON:TO MOTHER IN RE TO CAMILLE: JOINT LEGAL TO BOTH PARTIES PRIMARY PHYSICAL CUSTODY SHALL BE WITH THE MOTHER AND PARTIAL PHYSICAL SHALL BE WITH THE FATHER BY THE COURT RICHARD K RENN PRESIDENT JUDGE 03/10/06 0 0 0 3 4 0 0 4 4 8 CERTIFIED from the records of theOurt of Common Pleas of York County, Pennsylvania this day of A.D. 20 P2ine(a S. Lee, Prothonot ry 05/02/08 YORK COU* COURTHOUSE CIVIL ACTION DOCKET PAGE: 2 2006-FC-000264-Y37 YK Y03 DATE -------------------- ------------- FEE/AMOUNT *CORRESPONDENCE FROM - ATTY MICHAEL S --- -------------------- GRAB IN RE: CONSENT TO ------------ ENTRY OF CUSTODY ORDER 03/10/06 00034 00448 AS TO INGLE, LORETTA L *CONCILIATION CONFERENCE MEMORANDUM 0/B/O PLTF 02/23/06 00024 00474 AS TO INGLE, LORETTA L *RETURN OF SERVICE OF PLTFS CUSTODY COMPLAINT AND DIRECTIVE UPON DEFT KENNETH M MINNICH IN 02/15/06 00022 PA BY PERSONAL SERVICE ON 02/19/2006 00227 AS TO INGLE, LORETTA L *CUSTODY FEE RE: ACT 119-96 6.50 02/15/06 00022 00227 AS TO INGLE, LORETTA L *COMPLAINT IN CUSTODY ACTION= 123.50 02/15/06 00022 00227 AS TO INGLE, LORETTA L *DIRECTIVE APPOINTING CUSTODY CONCILIATOR STEVEN M CARR ESQ 125.00 02/27/2006 AT 10 AM IN HEARING ROOM 7 ON THE 4th FLOOR TOTAL NUMBER OF ENTRIES: 16 REQUESTED BY: BJL ******* END OF REPORT ******* 4 0 IN THE COURT OF COMMON PLEAS OF YORK COUNTY PENNS , YLVA NIA FAMILY DIVISION LORETTA L. INGLE , , Plaintiff No.2006-FC-264-Y03 `. a n co V. • T --rs N ? Ts KENNETH M. MINNICH, ACTION IN CUSTODY r `° 7`"' Defendant = s? m C'n O_ AND NOW, on thise? :day of , 2008, upon review of the within Petition to Transfer Venue and Jurisdiction, it is hereby Ordered and Decreed that the above- captioned case in custody shall be transferred to Cumberland County Court of Common Pleas, Pennsylvania. Furthermore, it is Ordered that the York County Prothonotary upon receipt of the fee for transferring from the moving party shall transfer the file held by York County to the Prothonotary of Cumberland County, Pennsylvania r CERTIFIED from the records of th e ?Iurt of Com? mon Pleas of r/ York County, Pennsylvania this day of NI AY- A.D. 20 0b Pamela S. Lee, Prothonota L IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION LORETTA L. INGLE, Plaintiff No.2006-FC-264-Y03 V. C KENNETH M. MINNICH, ACTION IN CUSTODY Defendant ?- - w C3 CERTIFICATE OF SERVICE C I, Mary Snyder, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Petition for Rule to Show Cause to Transfer Jurisdiction and Venue as well as a correspondence to York County Court Administrator requesting that the above-captioned action be heard at Current Business Court has been duly served upon Plaintiff, Loretta Ingle, on April 16, 2008, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Loretta Ingle 3436 Bedford Drive Camp Hill, PA 17011 Date: April 29, 2008 *Mary M,.w--4. Scaringi Melanie Walz Scaringi Virginia H. Henning* Frank C. Sluzis Susan K. Pickford Debra R. Mehaffie *Also licensed in MD Caringi • Mary L. Snyder b Law Clerk Robert D. Turgyan • Paralegal Carmel Amanda L. Emerson Attorneys and Counselors at Law Paralegal A Professional Corporation April 16, 2008 Loretta Ingle 3436 Bedford Drive Camp Hill, PA 17011 RE: Ingle v. Minnich, York County, Custody 2006-FC 264-Y03 Dear Ms. Ingle: Constituting service upon you, enclosed herewith please find a Petition for Rule to Show Cause to Transfer Jurisdiction and Venue as well as a correspondence to the York County Court Administrator requesting that this matter be heard at Current Business Court on April 29, 2008. Thank you. Sincerely, Vr Mary L. Snyder Law Clerk Enc. Petition for Rule to Show Cause Correspondence dated 4/16/2008 Cc: Kenneth Minnich 124090 6501 58 .2000 Linglestown Road, Suite 106 • Harrisburg, PA 17110 Phone (717) 657-77,70 0 Fax (717) 657-7797 www.scaringilaw.com Jl in tie (181ni of &MM= Pen of 'fork C=* VS. 17M er,41- No. SOD & ?C.2G y/Term. W ?? dayoDe PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: I- If ii '/ - -I, j r- !--l , 11 Cm C: n n ; w cs t1T ? M, - ,Attorney for Supreme Court dvilz 46AF Code 04-123 ?US?'n /C ? ?fproC 1? #rr'.3O 93 C6 1?2?/sw? / S?C 166, 717- ?',? - 7770 0 1 . 0 V IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION LORETTA L. INGLE, Plaintiff V. KENNETH M. MINNICH, Defendant No.2006-FC-264-Y03 ACTION IN CUSTODY ? C'C) 1T PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, KENNETH M. MINNICH, per his request. submitted, Date: L4_ F) , 2008 r . Sluzis ` ngi & Scaringi, P.C. Attorney ID #43829 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 • . . 0 CERTIFICATE OF SERVICE I, Mary Snyder, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Praecipe to Enter Appearance in the above-captioned action has been duly served upon the Plaintiff, Loretta L. Ingle, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Loretta L. Ingle 3436 Bedford Drive Camp Hill, PA 17011 Date: . CJ ?r r f`+ r? ?J i? :J W Marc A. Scaringi M l l ? -?- C?.riYl?i e anie Wa z Scaringi Virginia H. Henning* Frank C. Sluzis `s Susan K. Pickford card l R. Mehaffie Attorneys and Counselors at Law so licensed d in n MD *Also A Professional Corporation April 16, 2008 Pamela S. Lee York County Prothonotary York County Courthouse 45 North George Street York, PA 17401 RE: Loretta L. Ingle v. Kenneth M. Minnich No. 2006-FC-264-Y03 Dear Ms. Lee: C= CO .Y -„ Enclosed please find one (1) original and three (3) copies of Praecipe to Enter Appearance in the above-referenced case. Kindly time-stamp all copies, file the original and return the time-stamped copies to our office in the self-addressed, stamped envelope I am providing for your convenience. Should you require anything further, please do not hesitate to phone the office. Thank you. Sincerely, Mary )nyder Law Clerk Enclosure: Praecipe to Enter Appearance (original an d"tYir?ee`? ?copies) SASE cc: Minnich Mary L. Snyder Law Clerk Robert D. Turgyan Paralegal Amanda L. Emerson Paralegal 2000 Linglestown Road, Suite 106 - Harrisburg, PA 17110 Phone (717) 657-7770 - Fax (717) 657-7797 www.scaringilaw.com r . 6 • IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION LORETTA L. INGLE, Plaintiff V. KENNETH M. MINNICH, Defendant No.2006-FC-264-Y03 ACTION IN CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 2008, upon consideration of the foregoing petition it is hereby Ordered that: (1) a rule is issued upon the Respondent/Plaintiff to show cause why the Petitioner/Defendant is not entitled to the relief requested; (2) the Respondent/Plaintiff shall file an answer to the petition within twenty (20) days of service upon the Respondent; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within (5) argument shall be held on County Courthouse; days of this date; __ in Courtroom of the York (6) notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION LORETTA L. INGLE, Plaintiff V. KENNETH M. MINNICH, Defendant AND NOW, on this day of No.2006-FC-264-Y03 ACTION IN CUSTODY ORDER 2008, upon review of the within Petition to Transfer Venue and Jurisdiction, it is hereby Ordered and Decreed that the above- captioned case in custody shall be transferred to Cumberland County Court of Common Pleas, Pennsylvania. Furthermore, it is Ordered that the York County Prothonotary upon receipt of the fee for transferring from the moving party shall transfer the file held by York County to the Prothonotary of Cumberland County, Pennsylvania BY THE COURT: J. r Frank C. Sluzis Attorney for Defendant/Petitioner 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 frank(a7,scaringilaw.com 717-657-7770 C) co c? IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION LORETTA L. INGLE, Plaintiff V. KENNETH M. MINNICH, Defendant No.2006-FC-264-Y03 ACTION IN CUSTODY PETITION FOR RULE TO SHOW CAUSE TO TRANSFER JURISDICTION AND VENUE AND NOW, comes the Petitioner/Defendant, KENNETH M. MINNICH, by and through his attorney, Frank C. Sluzis, Esquire and the law firm of Scaringi & Scaringi, P.C., who files this Petition for Rule to Show Cause to Transfer Jurisdica" and avers as follows: 1. Petitioner/Defendant is Kenneth M. Minnich, an adult individual who currently • resides at 1027 Red Oak,Circle, Brandon Florida. • • 2. Respondent/Plaintiff is Loretta L. Ingle, an adult individual who currently resides at 3436 Bedford Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the minor child, Camille A. Minnich, born August 19, 1990. Petitioner is the presumptive father of the minor child Brandon M. Minnich, born July 17, 1992 and Respondent is the natural mother. 4. On March 9, 2006 an Order was entered ratifying the parties Stipulation Agreement relative to legal and physical custody of the subject minor children. (A copy of which is attached hereto as Exhibit "A") 5. In accordance with said Order, Respondent has primary physical custody of the subject minor children. 6. The subject minor children have resided with Respondent at 3436 Bedford Drive, Camp Hill, Cumberland County, Pennsylvania since 2006. 7. Neither party, nor the Children have resided in York County since 2006. 8. For purposes of convenience, Petitioner asks that the above-captioned custody action be transferred to Cumberland County, Pennsylvania, the county that Respondent and the subject minor children reside in. 9. Petitioner intends to file a Petition to Modify Existing Custody Order upon transfer of this action to Cumberland County. (A copy of which is attached hereto as Exhibit "B„) 059090 3 00167 10. Cumberland County has sufficient contacts with the minor children to assume jurisdiction over the case. 11. It is in the minor children's best interest to transfer jurisdiction of this matter to Cumberland County, Pennsylvania. • • WHEREFORE, Petitioner/Defendant, KENNETH M. MINNICH, respectfully requests this Honorable Court grant his request for a Rule to Show Cause as to why this custody action should not be transferred from the York County Court of Common Pleas to the Cumberland County Court of Common Pleas. Date: 44-1 2008 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717)657-7770 Attorney for Petitioner L` • VERIFICATION I, Kenenth M. Minnich, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. DATE KENNETH M. MINNICH Marc A. Scaringi Melanie Walz Scarin i -I Cdr0' ' 0 , Debra L. Logan g Offi ce Manager/Paralegal Melanie L. Erb l Mary L. Snyder Virginia H. Henning* Frank C. Sluzis Cdring1 Law Clerk *Licensed to practice in PAerMD Attorneys and Counselors at Law A Professional Corporation February 27, 2008 w Pamela S. Lee York County Prothonotary CD York County Courthouse :7. o c r. 28 East Market Street York PA 17401 C v; RE: Loretta L. Ingle v. Kenneth M. Minnich No. 2006-FC-264-Y03 Dear Ms. Lee: Enclosed please find one (1) original and three (3) copies of Petition for Rule to Show Cause to Transfer Jurisdiction and Venue in the above-referenced case. Kindly time-stamp all copies, file the original and return the time-stamped copies to our office in the self-addressed, stamped envelope I am providing for your convenience. Should you require anything further, please do not hesitate to phone the office. Thank you. Sincerely, Mary L. Snyder Law Clerk Enclosure: Petition for Rule to Show Cause to Transfer Jurisdiction and Venue (original and three copies) SASE cc: Minnich 2000 Linglestown Road, Suite 106 • Harrisburg, PA 17110 Phone (717) 657-7770 • Fax (717) 657-7797 www.scaringilaw.com ?Otn \? • *I W. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION LORETTA L. INGLE, Plaintiff No.2006-FC-264-Y03 V. KENNETH M. MINNICH, ACTION IN CUSTODY Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, KENNETH M. MINNICH, per his request. Respectfully submitted, Date: 6x , 2008 Mrel e L. Er4,- Scan gi & Scaringi, P.C. Attorney ID #84445 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 ^ r , ? "? '" " -- t T i ' i F CERTIFICATE OF SERVICE I, Mary Snyder, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Praecipe to Enter Appearance in the above-captioned action has been duly served upon the Plaintiff, Loretta L. Ingle, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Loretta L. Ingle 3436 Bedford Drive Camp Hill, PA 17011 Date: 3 Mary Sn der (7) T 045090 230398 Marc A. Scaringi Melanie Walz Scaringi Melanie L. Erb Virginia H. Henning* Frank C. Sluzis *Licensed to practice in PA&MD Caringi Caringi Attorneys and Counselors at Law A Professional Corporation February 13, 2008 Pamela S. Lee York County Prothonotary York County Courthouse 28 East Market Street York, PA 17401 RE: Loretta L. Ingle v. Kenneth M. Minnich No. 2006-FC-264-Y03 Dear Ms. Lee: } Debra L. Logan Office Manager/Paralegal Mary L. Snyder Law Clerk Enclosed please find one (1) original and three (3) copies of Praecipe to Enter Appearance in the above-referenced case. Kindly time-stamp all copies, file the original and return the time-stamped copies to our office in the self-addressed, stamped envelope I am providing for your convenience. Should you require anything further, please do not hesitate to phone the office. Thank you. Sincerely, Mary L. Snyder Law Clerk Enclosure: Praecipe to Enter Appearnce (original and three copies) SASE cc: Minnich 2000 Linglestown Road, Suite 106 • Harrisburg, PA 17110 Phone (717) 657-7770 • Fax (717) 657-7797 www.scaringilaw.com ?v Q / b f / • 0 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION LORETTA L. INGLE, No. 2006-FC-264-Y03 Plaintiff c-, ?;a a -? Vs. n --o KENNETH M. MINNICH , Defendant Action in Custody APPEARANCES: For Plaintiff: Thomas M. Clark, Esq. For Defendant: Michael S. Grab, Esq. STIPULATED ORDER FOR CUSTODY AND NOW, this of day of -Ll,c _ 2006, this Order is being entered as a result of a pre-trial conciliation conference held on February 27, 2006, before Steven M. Carr, Conciliator. The matter is before the Court on the Mother's complaint for custody. The parties (Mother's DOB: 5/4/66; Father's DOB: 6/5/62), to their credit, have reached an agreement to resolve their issues. This matter involves the custody of. Camille A. Minnich DOB: 8/19/90 AGE: 15 Brandon M. Minnich DOB: 7/17/92 AGE: 13 There was a prior Court order ANY YM6Court of Common Pleas 1 of Lancaster County on April 14, 1994, at 4619 of 1993, which order provided that the parties would share legal custody and that Father would have majority physical custody of Camille and Brandon, subject to Mother's rights of partial custody as set forth therein. Camille went to live with Mother in the summer of 2005 and Brandon recently has begun living with Mother as well. Mother has alleged that Father is not the biological parent of Brandon and Father has agreed to that allegation. Accordingly, Father is not asserting any custodial rights with regard to Brandon. Therefore, pursuant to the agreement of the parties, we will award sole legal and physical custody of Brandon to Mother. With regard to Camille, pursuant to the agreement of the parties, we will award joint legal custody to both parties. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practical after receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical, and other appointmerwmIMold with health care 2 providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this ORDER. Primary physical custody of the child, as that term is defined in the Custody Act, shall be with Mother. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have partial physical custody of the child as the parties can agree from time to time or as established by further order of a Court of competent jurisdiction. TELEPHONE CALLS: Both parties are urged to use common sense in scheduling telephone calls to talk to the child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the child, or preventing the child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. 3 We direct that copies of this order be provided to Attorneys Clark and Grab. JUDGE 069090340446 4 n as ,enter '401 n 3s :enter 401 • r • THOMAS M. CLARK, ESQUIRE THE WILEY GROUP 130 W. CHURCH ST., SUITE 100 DILLSBURG PA 17019 MICHAEL S. GRAB, ESQUIRE 327 LOCUST STREET COLUMBIA PA 17512 w AI ??446 ? o? IN THE COT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA LORETTA L. INGLE NO. 06-FC-264-Y03 vs .. KENNETH M. MINNICH Civil Action - Law Custody CONSENT TO ENTRY OF COURT ORDER We have attended the Conciliation Conference and have reached an agreement. We have listened to the dictation of the Order by the Custody Conciliator. We agree with the content of the proposed Order and consent that it shall be submitted to the Court for entry as its order, without the necessity for a hearing or further proceedings upon the record. Plaintiff Counsel for Plaintiff 'C' 004-*., 0"-4 Defendant C- C CD n -- ;,.a P-- o ? b Counsel for Defendant . 069090 340441 'r; :.. ?. .?, KAIN BROWN ROBERTS PAGE 02/02 02!27/2006 09:30 7178464999 v & 0 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA LORETTA L. INGLE, No. 06-FC-264-Y03 Plaintiff = ve - KENNETH M. MINNICH, Defendant Civil Action - Law Custody r _', C°7 Coy hly':.' TQ ENTxX of COURT__aRDsR , ?..?? rah We have attended the Conciliation Conference and have o a reached an agreement. We have listened to the didtation of -t]m -o ri 73r?t r? Order by the Custody Conciliator, We agree with the content =? w the proposed Order and consent that it ahaLll be silbmitted to the Court for entry as its Order,. without the necessity for a hearing or further proceedings upon the record. Plaintiff Counsel for Plaintiff Defendant. Counsel for Defendant F r 069090 340447 Feb-27-06 11:52A Ni laus & Hohenadel 717 684 6099 NIKOLAUS & HOHENADEL, LLP ATTORNEYS AT LAW 327 LOCUST STREET D"ID H. NWDLAUS COLUMBIA, PA. 17512 JCHN P. HOMP ACEL MATMEW J. CAPA, JR. JOINT F. MAiMM 717/6844422 PAULA 0. MUNIM FAX 717/884.8022 RICHARD 0. 81ENW JEPMV A. MMlB MICHAB. S. GRAB MICNABL A. VANAM JOHM O. k%=. JR. L"J.me= February 27, 2006 gOVOSEM M. HOIENAM ANnCW MARL HOPKN2 JOHN C. HCIIINAD2L MIIIIIRE WANDA S. MAD" C. 8N1.* P.02 CDUNIIW JO26PH J. USARAWD 218 NORTH QiJEN Ipm, CD ANCJt/18i1, PA. 17801 (7171 c? FAX 717M rn C3 • M2M8)91 OF Mqtrt :A) C-j -n 8AR A820C1?- ...- o .3 73 ?)> - -i ?? to VIA FACSIMILE 846-4999 AND FIRST CLASS MAIL Conciliation Officer Steven M. Carr KAIN, BROWN & ROBERTS, LLP 119 East Market Street York, PA 17401-1278 RE: LORETTA L. INGLE VS. KENNETH M. MINNICH YCCP NO.: 06-FC-264-Y03 CONFERENCE DATE: 2/27/06 @ 10:00 A.M. Dear Mr. Carr: This correspondence will follow up my participation by telephone with my client, Kenneth M. Minnich, in the Conciliation Conference held in the above captioned matter on February 27, 2006 @ 10:00 A.M. I have enclosed herewith the executed Consent to Entry of Court Order. At the time of the Conciliation Conference, the parties presented the terms for a Stipulated Agreement to be made an Order of Court. Kindly provide my office with a copy of the order upon issuance. Thank you for your assistance with this matter. If you have any questions, please do not hesitate to contact me. MSG/lcn Enc. cc: Kenneth M. Minnich Thomas M. Clark, Esquire LORETTA L. INGLE, : IN THE COURT OF COMMON PLEAS S"I Lt Plaintiff : YORK COUNTY, PENNSYLVANIA VS. : No. 06-FC-264-Y03 KENNETH M. MINNICH, CIVIL ACTION - LAW C- L 1S,boZ Defendant : IN CUSTODY c? r ° CONCILIATION CONFERENCE MEMORANDUM ='` , -? CD c-r-t r3 Submitted by: Thomas M. Clark, Esquire _.t Counsel for Plaintiff M w 1. Plaintiff is the natural mother of the children. V 2. The children are Camille A. Minnich, born on August 19, 1990; and Brandon M. Minnich July 17, 1992. fql 3. In early February 2006, Defendant contacted Plaintiff and stated that he will be relocating to Florida, and that Brandon M. Minnich will be relocating with him. Defendant went on to state that Brandon M. Minnich's last day of school in York County would be February 24, 2006. Plaintiff is opposed to Brandon M. Minnich moving to Florida with Defendant. Recently, Defendant contacted Plaintiff and stated that Brandon M. Minnich could stay with Plaintiff and that he would be dropped off at her residence on February 24, 2006. Regardless of whether or not Defendant plans to relocate, Plaintiff believes that it is in the best interest of both children to reside with Plaintiff. Plaintiff will be residing in Cumberland County, where she has a strong support system of both family and friends. Plaintiff believes that the support system of friends and to provide the economic needs, as well as the educational nee s o e 'ldren. Defendant does not have a significant support system in Florida. AIP r • Plaintiff believes that given the fact that both Plaintiff and Defendant have family and friends in Pennsylvania, this would allow the Children to have a loving and nurturing environment that only a complete family system can provide. If Plaintiff were to be primary custodian she would agree to Defendant spending periods of time with the Children in Florida. Further, it is ,expeeted that Defendant will continue to make return trips to the York area. On such return trips, Plaintiff would be willing to make necessary arrangements for Defendant to see the Children 4. Have either party prevented the other party from having any contact with the child? No. 5. Do you allege unfitness of the other party? Not at this time. 6. Do you allege improper home environment? Not at this time. 7. What other issues will be presented to the Court? None at this time. 8. Do you plan to raise emotional or psychological problems of the child or others involved? Not at this time; however, Plaintiff reserves the right to do so at a later time. 9. Do you request psychological evaluations? Not at this time; however, Plaintiff reserves the right to do so at a later time. 10. Will you agree to the appointment 4, sychologist to be used by both parties to perform psycholANDA kns? To be determined when, and if, psychological evaluations become necessary. p 11. How much time will the presentation of your case (including cross- examination) take? 1/2 a day. 12. Factual witnesses: Loretta Ingle, Kenneth Minnich (cross); additional witnesses to be determined and provided to counsel in advance of the hearing. 13. Expert witnesses: To be determined and provided to counsel in advance of the hearing. 14. Are home studies requested? Not at this time; however, Plaintiff reserves the right to request evaluations at a later time. 15. Other relevant information you wish to bring to the attention of the conciliator. Nothing at this time. Respectfully submitted, WILEY E TX, COLGAN & MARZZACCO By: Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: L t OZ • LORETTA L. INGLE, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA 3 :No.0LO -0-'-;Lpq-y0 KENNETH M. MINNICH, : CIVIL ACTION - LAW Defendant : IN CUSTODY t CD 5: : r' RETURN OF SERVICE On the IQ'* day of February, 2006, I, David Rudy, Process Server, served KENNETH M. MINNICH, with the Custody Complaint and Directive by (manner of service) at .21I S FRANKt w Sr n^:.• &I'^O? , at :!D P .m. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Date: a2-14--0 DAVI RU N -n rn ca w -v N Or% rn CD -71 C3 053090240474 Jan M. Wiley David J. Lenox Timothy J. Colgan Christopher J. Marzzacco gill THE WILEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P.C. February 22, 2006 Office of the Prothcootary York County Judicial Center 45 North George Street York, PA 17401 Re: Loretta L. Ingle v Kenneth M. Minnich Docket No.: 06-FC-264-Y03 Dear Sir/Madam: David E. Hershey Bradley A. Winnick Thomas M. Clark Ari D. Weitzman CM Please find enclosed one original and two copies of the Return of Service with regard to the above-captioned matter. Please file the original and return the time-stamped copies to me in the self-addressed, stamped envelope I have provided for your convenience. Thank you very much for your courtesy in this matter. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. 4L ly Jeanette L. Roberts /jlr Enclosures w0?.rs+30r??O24Q474 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Offices in Harrisburg • York • Carbondale www.wi leygrouplaw.com f ?` ? ?. n LORETTA L. INGLE, Plaintiff VS. KENNETH M. MINNICH, Defendant LJ : IN THE COURT OF COMMON PLEAS : OF YORK COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY DIRECTIVE You, Kenneth M. Minnich, have been sued in Court to obtain custody, partial custody or visitation of the children: Camille A. Minnich, born on August 19,1990; and Brandon M. Minnich July 17, 1992. It is hereby Ordered and Directed: 1. c4i- Esquire, is hereby assigned to conduct a Conciliation Conference. 2. A Conciliation Conference will be held before the assigned Conciliatsiir:on-the day of , 2006, att ,m-in 1 Hearing Room Number -, in the York County Judicial Center, 45 North George Street:; York, Pennsylvania 17401. The anticipated length of the Conciliation Conference is one hour = 3. The parties shall appear in person at the Conciliation Conference and shall bring with them all CHILDREN AGE SEVEN (7) AND OLDER. 4. At the Conciliation Conference, an effort will be made to see if the custody and/or visitation situation can be resolved by an agreement between the parties; or if an agreement cannot be reached, to define and narrow the issues and to otherwise reduce the time required for hearing by the Court then the Conciliator will prepare a Conference Summary Report for further action by the Court pending a hearing to be scheduled at a later date before Judge Richard K. Renn, without prejudice to the rights of the parties at such hearing, which all parties and the children shall be ordered to attend. 5. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If for some reason an attorney has not be secured by the time of the Conciliation Conference, you shall personally appear at the time scheduled for the Conciliation Conference without an attorney. 6. If Children's Services is conducting . , their representative shall be hp. subpoenaed by the appropriate attorney to attend the n i Conference. It shall be the responsibility of the attorney subpoenaing the representative to obtain a Court Order or releases from the parties prior to the release of information by the representative. 7. If you fail to appear as provided by this Order or to bring the child(ren), an Order for custody, partial custody or visitation may be entered against you, or the Court may issue a warrant for your arrest. 8. The parties and their counsel, if applicable, are hereby directed to engage in meaningful negotiations to resolve this matter prior to the Conciliation Conference. YOU SHOULD TAKE THIS PAPER TO OUR 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. Lawyer Referral Service of the York County Bar Association 137 East Market Street York, PA 17401 Telephone (717) 854-8755 OURT: w FOR THE COURT: District Court Administrator Judge • LORETTA L. INGLE, Plaintiff VS. KENNETH M. MINNICH, Defendant 0 : IN THE COURT OF COMMON PLEAS : OF YORK COUNTY, PENNSYLVANIA No. : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND COMES NOW, LORETTA L. INGLE, by and through her attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. The Plaintiff is Loretta L. Ingle, who currently resides at 3436 Bed1Ford -pve, c - Camp Hill, Pennsylvania 17011. - ' -' 2. The Defendant is Kenneth M. Minnch, who currently resides at 211 Fro?kliri Street, Dallastown, York County, Pennsylvania 17313. 3. Plaintiff seeks a custody order of the following children: Camille A. Minnich, born on August 19, 1990; and Brandon M. Minnich July 17, 1992. The children were not born out of wedlock. The Plaintiff currently has primary physical custody of Camille A. Minnich. The Defendant currently has primary physical custody of Brandon M. Minnich. During the past five years, the children have resided with the following persons and at the following addresses: Camille A. Minnich A. From 1990 until 2002, Camille A. Mir"g TaJW231 South Fourth Street, Columbia, Pennsylvania, with Kenneth M. Minnich. B. From 2002 until June 2005, Camille A. Minnich resided at 211 Franklin Street, Dallastown, York County, Pennsylvania 17313, with Kenneth M. Minnich. C. From June 2005 until present, Camille A. Minnich has resided at, 3436 Bedford Drive, Camp Hill, Pennsylvania 17011, with Loretta L. Ingle. Brandon M. Minnich A. From 1990 until 2002, Brandon M. Minnich resided at 231 South Fourth Street, Columbia, Pennsylvania, with Kenneth M. Minnich. B. From 2002 until present, Brandon M. Minnich is residing at 211 Franklin Street, Dallastown, Pennsylvania 17313, with Kenneth M. Minnich. The mother of the children is Loretta L. Ingle, who currently resides at 3436 Bedford Drive, Camp Hill, Pennsylvania 17011. She is married. The father of the Camille A. Minnich is Kenneth M. Minnch, who currently resides at 211 Franklin Street, Dallastown, York County, Pennsylvania 17313. He is married. The father of Brandon M. Minnich is William Michael Krebbs. Mr. Krebbs' whereabouts are unknown. 4. The relationship of Plaintiff to the children is that of mother. 5. The relationship of Defendant to Camille M. Minnich is that of father. The relationship of Defendant to Brandon M. Minnich was stepfather. 6. The Plaintiff has participated as a party in a custody action which took place in Lancaster County and was docketed at 4619 of 1993 (Attached hereto as Exhibit "A") Plaintiff has no information of a custody proceeding concerning the children pending in another court of this Commonwealth or any other state. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the children or who claims to have custod eights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting Plaintiff primary physical custody of the children. In early February 2006, Defendant contacted Plaintiff and stated that he will be relocating • • to Florida, and that Brandon M. Minnich will be relocating with him. Defendant went on to state that Brandon M. Minnich's last day of school in York County would be February 24, 2006. Plaintiff is opposed to Brandon M. Minnich moving to Florida with Defendant. Recently, Defendant contacted Plaintiff and stated that Brandon M. Minnich could stay with Plaintiff and that he would be dropped off at her residence on February 24, 2006. At this point Plaintiff is unsure of Defendant's true intentions with regard to his moving. Regardless of whether or not Defendant plans to relocate, Plaintiff believes that it is in the best interest of both children to reside with Plaintiff. Plaintiff will be residing in Cumberland County, where she has a strong support system of both family and friends. 8. Each parent whose parental rights to the child have 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 This Honorable Court grant her primary physical custody of the minor children. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 047090 2 0221 Dated: ?3? v? VERIFICATION 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 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ti. Date: D L r a L. Ingle 'Plaintiff Exhibit `J¢A4;20221 IN THE COURT OF COMMON-PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KENNETH M. MINNICH V. LORETTA L. MINNICH No. 4619 of 199 j; O R D E R AND NOW, this NTA day of April, 1994; after consideration of the testimony in the above captioned action, the court enters the following order: 1. LEGAL CUSTODY. Legal custody of the parties' daughters, Ashley E. Minnich, born September 30, 1985, and Camille A. Minnich, _ born August_ 19,_ 1990 and of the-parties' son,Hrandon_M. _Minni-ch-,- born July 17, 1992, shall be shared by both parents; meaning that they shall consult together to determine what is in the best interest of their children, with each parent having the right to participate in major decisions affecting their son and daughters, including but not limited to medical, religious and educational matters. Major decision making requires the joint participation of both parents regardless of which parent has physical custody at the time a matter of concern arise s.Legal custody includes the right to participate in decisions about hoM ? J?Uj custody shall be allocated and exercised. As this order limits such rights to the parents, neither parent shall allow a third party or other s ?. household ember to interfere with the legal and physical custody 4. rights of the other parent. Each parent shall have access to medical, dental and school records. It shall be the responsibility of the parent having primary physical custody, and not that of the school or the children, to provide the other parent with information in advance and on a timely basis, regarding school programs and events, meetings and teacher conferences, a-s well as any non-school activities involving their children. 2. PRIMARY PHYSICAL CUSTODY. Primary physical custody of the above named children shall be with father,. Kenneth M. Minnich, subject to the partial custody rights of the 'mother as stated below. 3. PARTIAL PHYSICAL CUSTODY. The mother, Loretta L. Minnich, shall be entitled to exercise partial physical custody of the children as follows: (a) On alternating weekends from Friday at 6:00 p.m. until Sunday at 7:00 p.m.. (b) At other times as can be agreed upon by the parents in advance. 4. HOLIDAYS. 47090 2JO227 (a) THANKSGIVING. 'The parties w 11 alternate physical custody of the children on Thanksgiving each year from the 2 Wednesday prior to Thanksgiving at 6:00 p.m. until the Sunday",after Thanksgiving at 5:00 p.m. In 1994, and in all even numbered years thereafter, Father shall-have physical custody of said children. In 1995, and in all odd numbered years thereafter, Mother shall have physical custody of said children. (b) EASTER. The parties will alternate physical custody of the children on Easter each year when the children are off ftom school beginning at 6:00 p.m. on the Thursday before Good Friday until Easter Sunday at 6:00 p.m. In 1994, and in all even numbered years thereafter, Father shall have physical custody of said children. In 1995, and in all odd numbered years thereafter, Mother shall have physical custody of said children.. (c) :MEMORIAL DAY.and LABOR DAY. Memorial Day and Labor Day shall be alternated between the hours of Friday at 6:00 p.m. until Monday at 6:00 p.m. Mother shall have physical custody of the children in 1994 on Memorial Day. (d) CHRISTMAS. Physical custody of the children for the Christmas holiday shall be split into two periods of physical custody with Period 1 being from December 23 at 4:00 p.m. until December 25 at 4:00 p.m. and Period 2 being from December 25 at 4:00 p.m. until January 1 at 5:00 p.m. In 1994, and in all even numbered years thereafter, Mother shall have physical custody of said children for Period 1 and Father shall have physical custody 3 of said children for Period 2.. In 1995, and in all odd numbered said children for Period 2. 5. VACATIONS. During the periods of time during the summer when Father is on Guard Duty, Mother shall have physical custody of the children. Both parties shall have physical custody of the children for three (3) weeks with no more than two (2) weeks being consecutive during the summer, provided that at least thirty (30) days notice is given to the other parent. 6. GUARD DUTY. In the event that Father has Guard Duty on the weekend that he is scheduled to have physical custody of the children, the parents will try to accommodate the Father's schedule by switching weekends. 7. REASONABLE TELEPHONE ACCESS. Both parents shall permit reasonable telephone access to the children when the children are in his/her custody. 8. ALTERATION OF AGREED UPON SCHEDULE. Both parents are encouraged to accommodate the reasonable requests of the other parent for alteration of any agreed schedule, as the circumstances and best interest of the children require. 9. NO DEROGATORY COMMENTS. It shall be the obligation of each parent to have the children readX fog all visits and to 047090220227 4 years thereafter, Father shall have- physical custody of said children for Period 1-----and Mother shall have physical custody of encourage them to participate in the above schedule. While in the presence of the children, neither parent-shall make nor will they allow others to make any remarks or do anything which can in any way be construed as derogatory or uncomplimentary to the other and it shall be the duty of,each parent to uphold the other parent as one the children should respect and love. 10. TRANSPORTATION. On vacation periods the parties shall share transportation of the children with the person who is receiving physical custody of the children being obligated to do that transportation. On weekend visitations and holiday visitations the Mother shall provide.transportation. Attest; g-t-, C • s Copies to: BY THE COURT: PAUL K. ALLISON JUDGE Herschel.Lock, Esq. 3207 N. Front • St. , Harrisburg,,,,,•":1j LQ.-1311 Leslie Gorbey, Esq. 047094 22022, 5 em% r.s C30 O F 'TJ r v L X C? T1 O 9 Susan K. Pickford, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorney for Defendant LORETTA L. INGLE, Plaintiff/Respondent V. KENNETH M. MINNICH, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 08-2948 : CIVIL ACTION : CUSTODYNISITATION PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW, comes the Defendant/Petitioner, Kenneth M. Minnich, by and through his attorney, Susan K. Pickford, Esquire and the law firm of Scaringi & Scaringi, P.C., who files this Petition to Modify Existing Custody Order and avers as follows: 1. Petitioner is Kenenth M. Minnich, an adult individual who currently resides at 1027 Red Oak Circle, Brandon, Florida. 2. Respondent is Loretta L. Ingle, an adult individual who currently resides at 3436 Bedford Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the natural parents of the minor child, Camille A. Minnich, born August 19, 1990. Petitioner is the presumptive father of the minor child Brandon M. Minnich, born July 17, 1992 and Respondent is the natural mother. 4. The parties previously entered into an agreement following a custody conciliation held on February 27, 2006, wherein the parties agreed that Respondent would have sole legal and physical custody over the minor child Brandon and the parties would share legal custody of Camille with Respondent having primary physical custody and Petitioner having periods of visitation. 5. This Agreement was entered as an Order on March 9, 2006. 6. Prior to the Order entered on March 9, 2006, throughout the parties' marriage, Petitioner was the children's primary caregiver. 7. Petitioner maintains phone contact with the minor child, Camille Minnich. 8. Respondent has refused to allow either child to visit Petitioner. 9. The only contact Petitioner has had with the minor child Brandon is through the parties' daughter. 10. Respondent's husband, the children's stepfather, has threatened Camille in that he will kick her out of the house. 11. Despite Mother's actions, the minor children have expressed a desire to maintain a relationship with the Petitioner. 12. Despite Mother's assertions that Petitioner is not the biological Father of the minor child, Brandon Minnich, Petitioner is presumptively the child's father as he was born during the marriage and he also stood in loco parentis until 2006. 14. Petitioner is seeking shared legal custody and primary physical custody of the minor children. 15. The best interest and permanent welfare of the subject minor children will be served by granting the relief requested because the natural bond between father and his children should be preserved. WHEREFORE, Defendant/Petitioner, Kenneth M. Minnich, respectfully requests this Honorable Court enter an Order granting him shared legal and primary physical custody of the minor child. Respectfully submitted, Scaringi & Scaringi, P.r-. 2000 Linglestown Road, Suite Harrisburg, PA 17110 (717) 657-7770 Attorney for Defendant 106 'rom Ken M_nni.ch to 1-717-657-7797 at 5/28/2008 8:45 PM V RIZIF[CATiON 1, KeramethM. Minnich verify that the state mcin(s made in the forgoing docuncnt are truc acid corwd. 1 undcritand that false statements hercin are made subject to the prmliies of 18 Pa.C.S. §4904, relating to answom falsification to autliorities. lzphg..- 61"A M4- T)ATF, RENNFU I M, 1\41 NN IC I-I 002/002 CERTIFICATE OF SERVICE I, Mary Snyder, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Petition to Modify Existing Custody Order in the above-captioned action has been duly served upon Plaintiff/Respondent, Loretta L. Ingle, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Loretta L. Ingle 3436 Bedford Drive Camp Hill, PA 17011 rte, Date: Mary Snyde 'bt V ? ?+ ?'C' o. O ? " "? H , 4?.? 5 vT'. t ?? ?? ?? f1 ?"`} .. ?? "`. V i LORETTA L. INGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2948 CIVIL ACTION LAW KENNETH M. MINNICH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 11, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es q. _rp Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 dINVAIASNN3d. AiNPIMI 9y =Z Wd S- Nnr 9001 Id,9N ?o Aug. 7. 2003 10;070 Scaringi & Scaringi No. 2350 P. LORETTA L. INGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS KENNETH M. MINNICH Defendant NO. 2008 CV 2948 CU : CIVIL ACTION IN CUSTODY PRAECIPE TO WIT)EIDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Defendant, Kenneth M. Minnicb, per his request RespectfWly submitted, _,,-2 Date: - , 2008 Sfisan K. Pickford y Scaringi & Scaringi, P.C. ell Attorney ID 043093 2000 Linglestown Road, Ste 106 Harrisburg, PA 17011 PRAECIPE TO ENTER AEPEAR-A CE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, Kenneth M. Minnick, per his request Date: r , 2008 caringi & Scaringi, P.C. '-' Attorney ID #90951 2000 Linglestown Road, Ste 106 Harrisburg, PA 17011 CERTIFICATE OF SERVICE I, Mary L. Snyder, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the Praecipe to Withdraw/Praecipe to Enter Apppearance in the above-captioned action has been duly served upon Plaintiff's attorney, Thomas Clark by United States First Class Mail, addressed as follows: Thomas Clark, Esq. 130 West Church Street Dillsburg, PA 17019 ?,_ Date: August 12, 2008` Mary L. S yd C a "`a c?a HI LORETTA L. INGLE, Plaintiff VS. KENNETH M. MINNICH, Defendant IN THE COUI CUMBERLA3 CIVIL ACTIC NO. 2008-29 IN CUSTOD) ORDER OF COMMON PLEAS OF COUNTY, PENNSYLVANIA - LAW AND NOW, this L_ day of December, 2008, the have reached an agreement, the Conciliator relinquishes jurist liator being advised the parties Hubert X. 6ilro , Esquire Custody Concili for ?'? '?ra Cu ? ? ?._ i ' ? '•""S"? "` ? T ,.? i _ ? - ??, ??? _1 C.? LORETTA L. INGLE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 2008 CV 2948 CU KENNETH M. MINNICH CIVIL ACTION Defendant IN CUSTODY STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this t day of December, 2008, by and between LORETTA L. INGLE (hereinafter "Mother"), who presently resides at 3436 Bedford Drive, Camp Hill. Pennsylvania and KENNETH M. MINNICH (hereinafter "Father"), who presently resides at 1027 Red Oak Circle, Brandon, Florida 33509; WITNESSETH: WHEREAS, the parties hereto, are the parents of Brandon Minnich, born July 17, 1992; WHEREAS, Father filed a Petition to Modify Existing Custody Order on June 2, 2008; WHEREAS, a Pre-Hearing Custody Conference was held on July 11, 2008 before Hubert X. Gilroy, Esquire/ Custody Conciliator and a second Pre-Hearing Custody Conference is scheduled for December 16, 2008; WHEREAS, the parties wish to have an Order entered based upon the provisions of this Agreement; and WHEREAS, the parties both agree that regular contact between Father and the minor child is in the best interests of the child and now seek to resolve their issues by written Stipulated Custody Agreement to be entered as an Order of Court. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, and agree as follows: 1. The parties shall have shared legal custody of the minor child, Brandon Minnich, born July 17, 1992. Shared legal custody means the right of both parents to control and share in making decisions of importance in the life of their child, including educational, medial and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the child's school schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical and other appointments of the child with heath care providers sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 2. Mother shall have primary physical custody of the minor child with Father having periods of partial custody as follows: a. Father shall be entitled to six (6) consecutive weeks of partial custody each summer, beginning in 2009. Father's summer period of custody may be exercised from the Saturday following the last day of school to the Saturday preceding first day of school or any portion therein. Father will provide Mother will 30 days written notice of the selection of the exact dates. Father shall be responsible for providing transportation for his periods of summer custody. 2 b. In odd numbered years, Father shall have partial custody during the child's Thanksgiving break from school, if he is able to provide transportation, and in even numbered years, Mother shall have custody during the Thanksgiving break from school. This period shall commence the Wednesday before Thanksgiving when the child is dismissed from school and will end the day before school commences at the conclusion of the Thanksgiving break. c. In 2009 and 2010, Father shall have partial custody during the child's winter break from school. This period shall commence on the day that the child is dismissed from school and will end the day before school commences at the conclusion of the winter break. d. In even numbered years. Father shall have partial custody during the child's Spring break from school, if he is able to provide transportation, and in odd numbered years, Mother shall have custody during the Spring break from school. This period shall commence the day that the child is dismissed from school and will end the day before school commences at the conclusion of the Spring break. e. Father may have partial custody of the child upon ten (10) days advanced notice to Mother at other times when Father is in Pennsylvania and desires to see the child for a period no more than 72 hours so long as the child does not have plans. 3. Transportation: Father shall provide the transportation to effectuate all custodial exchanges as set forth herein. Flights will originate from and return to the Harrisburg 3 International Airport; however any airport may be utilized so long as Father provides transportation to and from the airport. 4. The parties agree that there shall be reasonable telephone contact with the child during periods when the child is not in the custody of that party. At a minimum each party is entitled to communicate with the child at least two (2) times each week for a maximum period of twenty (20) minutes, when the child is in the physical custody of the other parent. Failure of either party to ensure that the child is available to speak with the other parent when they call or return the call within twenty-four hours of the parent's call shall be grounds for the aggrieved parent to immediately file a petition for contempt of this provision. 5. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modification to the physical custody schedule which may from time to time become necessary, and shall specifically not use the child as a messenger. 6. Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do. nor shall either parent permit any third person to do, or say anything which may estrange the Child From the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties will not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 7. No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages to the point of intoxication or consume illegal 4 I substances when in the presence of the Child. 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. Nor shall either parent permit other relatives or friends to speak or act in such a manner in the presence of the child. 9. In reaching this agreement, Father is represented by, Debra R. Mehaffie, Esquire and Mother is represented by Thomas Clark, Esquire. This Agreement is binding and enforceable when signed by KENNETH M. MINNICH and LORETTA L. INGLE. Both parties agree that this Agreement and Stipulation shall be incorporated into an Order of Court. WHEREFORE, the parties ask this Honorable Court to enter an Order in accordance with this Stipulated Custody Agreement. IN WITNESS WHEREOF, the parties hereby agree to the above terms as of the day and date first written above. ' TNESS Q?-G?/?a? Ol O ETTA L. INGLE WITNESS KENNETH M. MINNICH 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared LORETTA L. INGLE. known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2008. qryNo L Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: J-G-,r-,c j- jc L -? My commission expires: O a a VEALTH OF PENNSYLVA,.;, ., Notarial Sea' __ ..? L. Roberts Nr _c Born Yo tl CDrr; =xp. Gr F-?My - -- 7 STATE OF FLORIDA COUNTY OF 0 l BEFORE ME, the undersigned au ority, on this day personally appeared KENNETH M. MINNICH. known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS L _ DAY OF C" I An ti 1) r , 2008. N ??tX Pennsylvania printed name of Notary: My commission expires: Ds O ? Z DQ A a ?AMSS ROLLAND Notary t't?blio, State' Florida MV (QiM . t apices hoar, fi, 2009 K'o 01)403020 a«am, 6 f..? ?? _. _ ..a:? ..? ?.... ?.... ' i` .a--+ ?? ?.? _ _ _. .._? -- fit :.. ? .:,} m,? ?a -t:' el v' ?, JAN 1 4 2009 6? LORETTA L. INGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 2008 CV 2948 CU KENNETH M. MINNICH CIVIL ACTION Defendant IN CUSTODY ORDER AND NOW this da , 20 upon consideration of the parties' Stipulation for Entry of Agreed Upon Custody Order, it is hereby ORDERED as follows: 1. The parties shall have shared legal custody of the minor child, Brandon Minnich, born July 17, 1992. Shared legal custody means the right of both parents to control and share in making decisions of importance in the life of their child, including educational, medial and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the child's school schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical and other appointments of the child with heath care providers sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 2. Mother shall have primary physical custody of the minor child with Father having periods of partial custody as follows: a. Father shall be entitled to six (6) Consecutive weeks of partial custody each summer, beginning in 2009. Father's summer period of custody may be exercised from the Saturday following the last day of school to the Saturday preceding first day of school or any portion therein. Father will provide Mother will 30 days written notice of the selection of the exact dates. Father shall be responsible for providing transportation for his periods of summer custody. b. In odd numbered years, Father shall have partial custody during the child's Thanksgiving break from school, if he is able to provide transportation, and in even numbered years, Mother shall have custody during the Thanksgiving break from school. This period shall commence the Wednesday before Thanksgiving when the child is dismissed from school and will end the day before school commences at the conclusion of the Thanksgiving break. c. In 2009 and 2010, Father shall have partial custody during the child's winter break from school. This period shall commence on the day that the child is dismissed from school and will end the day before school commences at the conclusion of the winter break. d. In even numbered years, Father shall have partial custody during the child's Spring break from school, if he is able to provide transportation, and in odd numbered years, Mother shall have custody during the Spring break from school. This period shall commence the day that the child is dismissed from school and will end the day before school commences at the conclusion of the Spring break. e. Father may have partial custody of the child upon ten (10) days advanced notice to Mother at other times when Father is in Pennsylvania and desires to see the child for a period no more than 72 hours so long as the child does not have plans. 3. Transportation: Father shall provide the transportation to effectuate all custodial exchanges as set forth herein. Flights will originate from and return to the Harrisburg International Airport; however any airport may be utilized so long as Father provides transportation to and from the airport. 4. The parties agree that there shall be reasonable telephone contact with the child during periods when the child is not in the custody of that party. At a minimum each party is entitled to communicate with the child at least two (2) times each week for a maximum period of twenty (20) minutes, when the child is in the physical custody of the other parent. Failure of either party to ensure that the child is available to speak with the other parent when they call or return the call within twenty-four hours of the parent's call shall be grounds for the aggrieved parent to immediately file a petition for contempt of this provision. 5. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modification to the physical custody schedule which may from time to time become necessary, and shall specifically not use the child as a messenger. 6. Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do, nor shall either parent permit any third person to do, or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love and respect for the other parent. The parties will not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 7. No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages to the point of intoxication or consume illegal substances when in the presence of the Child. 8. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love and affection for the other party. Nor shall either parent permit other relatives or friends to speak or act in such a manner in the presence of the child. Distribution: Debra R. Mehaffie, Esquirearingi & Scaringi, P.C., 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 /homas Clark, Esquire, Colgan Marzzacco, LLC, 130 W. Church Street, Dillsburg, PA 17019 00 Yt j ?Q- _ l.t.. ? w l..l_ G'a ....5 V r LORETTA L. INGLE, Plaintiff -v- KENNETH M. MINNICH, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 CV 2948-CU CIVIL ACTION IN CUSTODY RULE Or AND NOW, this _ day of March, 2012, a rule is hereby issued upon both parties to show cause why the Petition To Withdraw As Counsel should not be granted. This rule is returnable 20 days from date of service. BY THE COURT: P-- It %Nf v Common pleas Nudge Distribution: Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 Thomas Clark, Esquire, Colgan Marzzacco, LLC, 130 W. Church Street, Dillsburg, PA 17019 ? Kenneth Minnich, P.O. Box 4174, Brandon, FL 33509 eop;e6 waled mcu zrn x:;o cnr- r C ? =ca 1.0 ?E f-..) fly N rv C r- C t Y . p� rMNO TAR1 SCARINGI & SCARINGI, P.C. 281 3 DEC /6 Amu: 18 2000 Linglestown Road, Suite 106 CUMBERLAND Harrisburg, PA 17110 PENNS yLv CN�NTY (717)657-7770 AN1q (717)657-7797—facsimile Attorneys for Plaintiff LORETTA L. INGLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. 2008 CV 2948-CU KENNETH M. MINNICH, : CIVIL ACTION Defendant : IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW COMES, Scaringi & Scaringi, P.C. who respectfully requests that this Honorable Court grant them permission to withdraw as counsel on behalf of Defendant, Kenneth M. Minnich, and in support thereof avers as follows: 1. On March 13, 2012, the undersigned filed a Petition to Withdraw as Counsel on behalf of Defendant, Kenneth M. Minnich, in the above-captioned matter. 2. On March 16, 2012 this Honorable Court entered a Rule to Show Cause upon Plaintiff, Loretta L. Ingle and Defendant, Kenneth M. Minnich, to show cause why, if any, said Petition should not be granted. The rule was returnable no later than April 9, 2012. 3. To the best of the undersigned's knowledge, the Plaintiff and Defendant have not responded to the Rule to Show Cause nor objected to the undersigned's request to withdraw as counsel on behalf of Kenneth M. Minnich. i WHEREFORE, Scaringi & Scaringi, P.C. respectfully requests that this Honorable Court grant the request to immediately withdraw as counsel on behalf of Defendant, Kenneth M. Minnich, in the above-captioned matter. Respectfully submitted, SCARINGI & SCARINGI, P.C. By: 2 i1AL . IAi i S aringi & Scaringi, P.C. , 2100 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: 717.657.7770 Fax: 717.657.7797 CERTIFICATE OF SERVICE I, Julie M. Good, Paralegal for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing Petition to Withdraw as Counsel in the above-captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Thomas Clark, Esquire Colgan Marzzacco, LLC 130 W. Church Street Dillsburg, PA 17019 Kenneth Minnich P.O. Box 4174 Brandon, FL 33509 Respectfully submitted, Date: ( (` 1 C� En(' 1 . Good ':ralegal SCARINGI & SCARINGI, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 LORETTA L. INGLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. 2008 CV 2948-CU : CIVIL ACTION `r'r-i KENNETH M. MINNICH, Defendant : IN CUSTODY N r- ORDER Wi•= AND NOW THIS 23 day , 2013, upon consideration of the Petition to Withdraw as Counsel, Motion to Make Rule Absolute, and noting that no response or objection was filed by Plaintiff or Defendants to the Petition, it is hereby ORDERED that said Petition is GRANTED. Scaringi & Scaringi, P.C. are withdrawn as counsel for Defendant, Kenneth M. Minnich, in the above-captioned matter. • • • 1 ' : I Thomas A.Placey J. Common Pleas Judge tribution: Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 Thomas Clark, Esquire, Colgan Marzzacco, LLC, 130 W. Church Street, Dillsburg, PA 17019 Kenneth Minnich, P.O. Box 4174, Brandon, FL 33509 r � a/a.al,a