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HomeMy WebLinkAbout04-0937S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No, 83997 FOULKROD HARBAUGH 2843 N. Front Street Building - 1 Suite 202 Harrisburg, Pennsylvania 17110 Telephone: [717] 777-7401 Facsimile: [717] 777-7402 Attorneys for Jason Mahanes JASON MAHANES Plaintiff V. SHANDI HARDER Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :ACTION IN CUSTODY COMPLAINT FOR CUSTODY The Plaintiff is Jason Mahanes, who resides at 609A Apartment 32 Geneva Drive, Mechanicsburg, Pa. 17055, Cumberland County, Pennsylvania. The Defendant is Shandi Harder, who resides at 30 North Lime Street, Lancaster Pa., Lancaster County, Pennsylvania. Plaintiff seeks primary physical and shared legal custody of the following child: Name Present Residence Date of Birth Andrew with Mother 3/25/01 Harder The child was born out of wedlock The child is presently in the custody of the mother, whose residence is unknown. During the past five years, the child has resided with the following persons and at the following addresses: Persons Mother, Grandmother Mother, Grandmother Residence Cumberland County Lancaster County Dates Birth- 11/03 I0/03-Present The mother of the child is Shandi Harder, whose address is 30 North Lime Street, Lancaster Pa. She is not married. The father of the child is Jason Mahanes, whose current residence is 609A Apartment 32 Geneva Drive, Mechanicsburg, PA. 17055. He is married, 4. The relationship of the plaintiff to the child is that of Father. The plaintiff currently lives with the following persons: Jannelly Mahanes. 5. The relationship of the defendant to the child is that of Mother. The defendant currently resides with the following persons: Maternal Grandmother. 6. Neither party has previously participated as a party in litigation concerning custody of this child. 7. Plaintiff has filed Preliminary Objections to jurisdiction on a recent action that was filed by Mother in Lancaster County. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the children or claims to have custody or visitation rights with respect to the child. 8. The best interests and permanent weffare of the children will be served by entering an Order granting Father primary physical custody because: a. Father can provide a stable and nurturing environment for the child. b. Mother uses illegal substances on a routine basis. c. Mother often leaves the child unattended while she sleeps. d. Mother has fled this jurisdiction with the minor child and refuses to return the child to this jurisdiction so that this Honorable Court may determine if such relocation is in the best interest of the minor child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him primary physical custody and shared legal custody of the child, with restricted visitation to Defendant. Respectfully Submitted, Heather L. Harbaugh, Esquire 2843 North Front Street Suite 202 Harrisburg, PA 17110 (717) 777-7401 Attorney for Plaintiff VERIFICATION I, Jason Mahanes, hereby swear and affirm that the facts contained in the foregoing Custody Complaint are true and correct and are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Suite 202 Harrisburg, Pennsylvania 17t 10 Telephone: [717] 777-7401 Facsimile: [717] 777-7402 Attorneys for: Petitioner Jason L. Mahanes JASON L. MAHANES Plaintiff/Petitioner V. SHANDI HARDER Defendant/Respondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : EMERGENCY PETITION FOR SPECIAL RELIEF 6. 7. 8. The Petitioner is Jason L. Mahanes, Plaintiff, in the above action, who resides at 609A Apadment 32 Geneva Drive, Mechanicsburg, Pa. 17055, Cumberland County, Pennsylvania. The Respondent is Shandi A. Harder, Defendant, in the above action, who resides at 30 North Lime Street, Lancaster, Pennsylvania, 17602, Lancaster County, Pennsylvania. The parties have shared physical custody of Andrew Christopher Harder pursuant to a verbal agreement. In approximately September/October 2004, Respondent left Cumberland County with the minor child, and moved to Lancaster County, Pennsylvania. Until this unexpected move to Lancaster County, the minor child had lived in Cumberland County since birth, and had regular contact with Petitioner. Respondent does not have a valid basis for the move out of this jurisdiction. Respondent has made a habit of leaving the child in the care of Petitioner's sister, Jamie, for weeks at a time. Jamie also resides in Cumberland County. Respondent is psychologically unstable and has threatened to kill herself in front of Petitioner's mother and sister. Respondent has also repeatedly engaged in the illegal use of crack cocaine and marijuana. Respondent also leaves child unattended while she sleeps, and drops offthe child with individuals who are unknown to Petitioner. 9. Respondent recently dropped the child off with Petitioner's family. The child was in the care of Petitioner for the one and a half weeks until the Respondent took possession of the child and returned to Lancaster County with the child against Petitione~ wishes. 10. Petitioner fears for the physical and emotional safety of his son while in the care of Respondent. 11. Respondent has unlawfully removed the child from Cumberland County, and pursuant to Plowman v. Plowman, a hearing must be held to determine whether the move to Lancaster County is in the best interest of the child. 12. Petitioner requests that this Honorable Court issue an Order directing Respondent return the child to Cumberland County and to his care until a hearing can be held on this Petition. 13. Petitioner has also filed a Complaint in Custody contemporaneously with this Petition to confirm his custody rights with respect to this child. WHEREFORE, Petitioner requests that this Honorable Court enter and Order directing Respondent to return the child to Cumberland County and schedule a hearing to determine whether this move is in the best interest of the child. Respectfully Submitted, Heather L. Harbaugh, Esquire Foulkrod Harbaugh 2843 North Front Street Suite 202 Harrisburg, PA 17110 (717) 777-7401 Attorney for Plaintiff VERIFICATION I, Jason Mahanes, hereby swear and affirm that the facts contained in the foregoing Petition for Special Relief are true and correct and are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. J~son Mahanes JASON L. MAHANES PLAINTIFF V. SHANDI HARDER DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-937 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 10, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, April 1fi, 2004 at 1:00 PM for a Pre-Hearing Custody Conference. Ar such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy: Esq. 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 befbre 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) 249-3 166 JASON L. MAHANES, PLAINTIFF/PETITIONER V. SHANDI HARDER, DEFENDANT/RESPONDENT : 04-0937 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of March, 2004, a hearing on the within petition for special relief shall commenced at 11:00 a.m., Monday, March 22, 2004, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Edgar B. Bayley, J, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :sal S. WALTER FOULKROD, IV, ESQUIRE Pa. Supreme Court I.D. No. 65207 HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 FOULKROD HARBAUGH 2843 N. Front Street Suite 202 Harrisburg, Pennsylvania 17110 Telephone: [717] 777-7401 Facsimile: [7t 7] 777-7402 Attorneys for: Petitioner Jason L. Mahanes JASON L. MAHANES Plaintiff/Petitioner V. SHANDI HARDER DefendantJRespondent :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : ' :ACTION IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF 6. 7. 8. The Petitioner is Jason L. Mahanes, Plaintiff, in the above action, who resides at 609A Apartment 32 Geneva Drive, Mechanicsburg, Pa. 17055, Cumberland County, Pennsylvania. The Respondent is Shandi A. Harder, Defendant, in the above action, who resides at 30 North Lime Street, Lancaster, Pennsylvania, 17602, Lancaster County, Pennsylvania. The parties have shared physical custody of Andrew Christopher Harder pursuant to a verbal agreement. In approximately September/October 2004, Respondent left Cumberland County with the minor child, and moved to Lancaster County, Pennsylvania. Until this unexpected move to Lancaster County, the minor child had lived in Cumberland County since birth, and had regular contact with Petitioner. Respondent does not have a valid basis for the move out of this jurisdiction. Respondent has made a habit of leaving the child in the care of Petitioner's sister, Jamie, for weeks at a time. Jamie also resides in Cumberland County. Respondent is psychologically unstable and has threatened to kill herself in front of Petitioner's mother and sister. Respondent has also repeatedly engaged in the illegal use of crack cocaine and marijuana. Respondent also leaves child unattended while she sleeps, and drops offthe child with individuals who are unknown to Petitioner. 9. Respondent recently dropped the child off with Petitioner's family. The child was in the care of Petitioner for the one and a half weeks until the Respondent took possession of the child and returned to Lancaster County with the child against PetitionePs wishes. 10. Petitioner fears for the physical and emotional safety of his son while in the care of Respondent. 11. Respondent has unlawfully removed the child from Cumberland County, and pursuant to Plowman v. Plowmaq, a hearing must be held to determine whether the move to Lancaster County is in the best interest of the child. 12. Petitioner requests that this Honorable Court issue an Order directing Respondent return the child to Cumberland County and to his care until a hearing can be held on this Petition. 13. Petitioner has also filed a Complaint in Custody contemporaneously with this Petition to confirm his custody rights with respect to this child. WHEREFORE, Petitioner requests that this Honorable Court enter and Order directing Respondent to return the child to Cumberland County and schedule a hearing to determine whether this move is in the best interest of the child. DATE: Respectfully Submitted, Heather L. Harbaugh, Esquire Foulkrod Harbaugh 2843 North Front Street Suite 202 Harrisburg, PA 17110 (717) 777-7401 Attorney for Plaintiff VERIFICATION I, Jason Mahanes, hereby swear and affirm that the facts contained in the foregoing Petition for Special Relief are true and correct and are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unsworn falsification to authorities. J~son Mahanes JASON L. MAHANES, SHANDIHARDER, Plaintiff Defendant APR 0 20O4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-937 CIVIL TERM 'CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this I~'~day of April, 2004, the above-captioned matter is continued generally pending resolution of the concurrent Lancaster County action docketed to CI-04-01123, Lancaster County Court of Common Pleas, Lancaster County. FOR TH~tf~T: ~ -~M~1is~a-Peel Greevy, Esquire Custody Conciliator Dist: Heather L. Harbaugh, Esquire, 2843 North front Street, Building 1, Suite 202, Harrisburg, PA 17110 ~ ', ,~¢ Timothy A. Lanza, Conference Officer, Lancaster County Court of Common Pleas, 156 E. King Street, Ladcaster, PA 17602 Honorable David R. Workman, Lancaster County Court of Common Pleas, 50 North Duke Street, Lancaster, PA 17602 Paul S. Zimmerman, 49 North Duke Street, Lancaster, PA 17602 JASON L. MAHANES, Plaintiff V. SHANDI HARDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-937 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Andrew Harder DATE OF BIRTH March 25, 2001 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was scheduled for April 15, 2004, at 1:00 p.m. Attending the conference with the Father, Jason L. Mahanes, and his counsel, Heather L. Harbaugh, Esquire; the Mother, Shandi Harder, did not attend. 3. Counsel for Father provided an Affidavit of Service indicating that service of the Order scheduling this Conference was made by a worker from Children and Youth on April 14, 2004. By Local Rule No. 1915.3-5, ten days notice of service in advance of the hearing is required. Additionally, there is an Ex Parte Order docketed to CI-04-01123 in Lancaster County Court of Common Pleas awarding primary physical custody to the Mother pending further Order of Court. Father's counsel purports that she was not served with notice of any hearing in this matter, but intends to file Preliminary Objections in Lancaster County. Pursuant to Cumberland County Local Rule 1915.5.1, the Conciliator hereby continues generally the Custody Conciliation Conference presently scheduled for April 15, 2004 at 1:00 p.m. pending the outcome of Plaintiff's Preliminary Objections and judicial decision regarding the proper venue and jurisdiction for this matter. yDate ' / Melissa Peel Greevy, Esquire Custody Conciliator :227741